JK 4325 
1877 
.P65 
Copy 2 



THE 



Constitution of Georgia, 



As Adopted 



December 5th, 1877, 



WITH A COPIOUS 



ANALYTICAL INDEX 



AND 



FULL MARGINAL NOTES. 



PREPARED BY 

THOS. J. CHAPPELL anb HENRY R. GOETCHIUS, 

OF THE COLUMBUS BAR. 



first lEHDiTionsr. 



COLUMBUS, GA.: 

Thos. Gilbert, Steam-Power Printer and. Book-Binder. 

1879. 



Price E^ifty Oents. 



JK 4325 

1877 

.A65 

Copy 2 THE 



Constitution of Georgia, 

As Adopted 
December 5th, 1877, 

WITH A COPIOUS 

ANALYTICAL INDEX 

AND 

FULL MARGINAL NOTES. 



PREPARED BY 

THOS. J. CHAPPELL and HENRY R. GOETCHIUS, 

OF THE COLUMBUS BAR. 
FIRST ZEIDITIOIsr. 



COLUMBUS, GA.: 

Thos Gilbert, Steam-Power Printer and Book-Binder, 

1879. 



1*77 



<^h 



Entered according to Act of Congress, in the year 1879, 

By THOS. J. CHAPPELL and HENRY R. GOETCHIUS, 

In the Office of the Librarian of Congress, at Washington. 



PREFACE. 



As a claimant for public approval and patronage, this Pamphlet 
goes forth recommended by its salutary design and useful nature. 
Much labor and care has been bestowed upon the work, in order to 
give it comprehensiveness and accuracy. 

The reforms demanded at the hands of the framers of the Constitu- 
tion necessitated their entering verv largely into the details of Govern- 
ment and Legislation, and the limitations and restrictions on the De- 
partments, and the directions given, are so varied and numerous, and 
are distributed throughout the body of the Constitution in such a man- 
ner as to render the systematizing effect of an Analysis highly desira- 
ble, if not absolutely necessary, to the proper understanding and satis- 
factory investigation of its provisions. 

To afford relief from the perplexity and embarrassment, that has 
heretofore attended all reference to our New Constitution, is the design 
of this work. The Pamphlet now presented will, at a glance, disclose, 
to even the most inexpert, the Article, Section and Paragraph of 
every subject, on which the Constitution has any bearing, direct or 
remote. 

Should this work meet with general patronage throughout the State, 
it will be a source of gratification to the compilers that thev have ren- 
dered more attractive and less laborious the study of the Constitution 
under which we live, and thereby indued a more general acquaintance 
with its benificent provisions. 

Columbus, Ga., May, 1879. 



CONSTITUTION 

OF THE 

STATE OF GEORGIA 



Preaii ble. 



BILL OF RIGHTS. 

PREAMBLE. 

To perpetuate the principles of free government, insure 
justice to all, preserve peace, promote the interest and happi- 
ness of the citizen, and transmit to posterity the enjoyment of 
liberty, we, the people of Georgia, relying upon the protec- 
tion and guidance of Almighty God, do ordain and establish 
this Constitution : 

ARTICLE I. 

Section I. 

Paragraph I. All government, of right, originates with the 
people, is founded upon their will only, and is instituted j e ct"of n Govern- 
solely for the good of the whole. Public officers are the trus- m ' 
tees and servants of the people, and, at all times, amenable to 
them. 

Par. II. Protection to person and property is the para- Protection. 
mount duty of government, and shall be impartial and com- 
plete. 

Par. III. No person shall be deprived of life, liberty, or LifC) liliertVi 
property, except by due process of law. and property. 



THE CONSTITUTION OF 



Article 1. — Section 1. 



Par. IV. No person shall be deprived of the right to prose- 
Eights in courts. x x n i • 

cute or defend his own cause in any of the courts of this 
State, in person, by attorney, or both. 

Par. V. Every person charged with an offense against the 
fendSte e fncS- laws of tais State shall have the privilege and benefit of 
inai cases. counsel ; shall be furnished, on demand, with a copy of the 
accusation, and a list of the witnesses on whose testimony the 
charge against him is founded ; shall have compulsory process 
to obtain the testimony of his own witnesses ; shall be con- 
fronted with the witnesses testifying against him, and shall 
have a public and speedy trial by an impartial jury. 

Par. VI. No person shall be compelled to give testimony 
self -crimination. t enc ]j n g { n anv manner to criminate himself. 

Par. VII. Neither banishment beyond the limits of the 
and'whipping. 11 * State, nor whipping, as a punishment for crime, shall be 
allowed. 

Par. VIII. No person shall be put in jeopardy of life, or 
jeopardyof life liberty, more than once for the same offense, save on his, or 

more than once J > ' 

forbidden. k ei ^ own m otion for a new trial after conviction, or in case of 
mistrial. 

Par. IX. Excessive bail shall not be required, nor exces- 
Excessive ban. s j ve fi nes imposed, nor cruel and unusual punishments in- 
flicted ; nor shall any person be abused in being arrested, 
while under arrest, or in prison. 
Cogts Par. X. No person shall be compelled to pay costs, except 

after conviction on final trial. 
Habeas corpus. P ar - XI- The writ of Habeas Corpus shall not be sus- 
pended. 

Par. XII. All men have the natural and inalienable right 
to worship God, each according to the dictates of his own 
conscience, and no human authority should, in any case, con- 



Freedom of 

conscience. 



trol or interfere with such right of conscience. 

Par. XIII. No inhabitant of this State shall be molested in 
io*!&c!° usopm "P erson or property, or prohibited from holding any public 
office, or trust, on account of his religious opinions ; but the 
right of liberty of conscience shall not be so construed as to 
excuse acts of licentiousness, or justify practices inconsistent 
with the peace and safety of the State. 

Par. XIV. No money shall ever be taken from the public 
toteSSddOT treasury, directly or indirectly, in aid of any church, sect, or 



THE STATE OF GEOEGIA. 



Article 1. — Section 1. 



denomination of religionists, or of any sectarian institution. 

Par. XV. No law shall ever be passed to curtail, or re-gp^^/ran- 

strain, the liberty of speech, or of the press ; any person may teed ' 
speak, write, and publish his sentiments, on all subjects, being 
responsible for the abuse of that liberty. 

Par. XVI. The right of the people to be secure in their searches and 

pp. • it warrants. 

persons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated ; and no warrant 
shall issue except upon probable cause, supported by oath, or 
affirmation, particularly describing the place, or places, to be 
searched, and the persons or things to be seized. 

Par. XVII. There shall be within the State of Georgia ylavei- y- 
neither slavery nor involuntary servitude, save as a punish- 
ment for crime after lee;al conviction thereof. 



Par. XVIII. The social status of the citizen shall never ,« tatus of th6 

citizen. 

be the subject of legislation. 

Par. XIX. The civil authority shall be superior to the , Civi 3 p° w .f r 

J l above the nuh- 

military, and no soldier shall, in time of peace, be quartered tal- y- 
in any house, without the consent of the owner, nor in time 
of war, except by the civil magistrate, in such manner as 
may be provided by law. 

Par. XX. The power of the courts to punish for contempt, C 011 ^ 111 ! 1 *- 
shall be limited by legislative acts. 

Par. XXL There shall be no imprisonment for debt. fo Sf omnent 

Par. XXII. The right of the people to keep and bear arms, Arms, 
shall not be infringed, but the General Assembly shall have 
power to prescribe the manner in which arms may be borne. 

Par. XXJII. The legislative, judicial and executive powers Departments of 

i -i-i p • t t -. t government sep- 

snall forever remain separate and distinct, and no person dis- arate. 
charging the duties of one, shall, at the same time, exercise 
the functions of either of the others, except as herein pro- 
vided. 

Par. XXIV. The people have the right to assemble peacea- Right to as - 

. ■ L - L A semble and peti- 

bly for their common good, and to apply to those vested with liou - 
the powers of government, for redress of grievances, by peti- 
tion or remonstrance. 

Par. XXV. All citizens of the United States, resident in .Protection of 
this State, are hereby declared citizens of this State ; and it 
shall be the duty of the General Assembly to enact such laws 
as will protect them in the full enjoyment of the rights, 
privileges and immunities due to such citizenship. 



citizens. 



THE CONSTITUTION OF 



Article 1. — Sections 2, 3 and 4. 



Section II. 
Par. I. In all prosecutions or indictments for libel the 
prosecutions truth may be criven in evidence: and the jury in all criminal 

for libel, &c. J i=> ? J J 

cases, shall be the judges of the law and the facts. The 
power of the Judges to grant new trials in cases of conviction, 
is preserved. 

Par. II. Treason against the State of Georgia, shall consist 
Treason defined. j n levying war against her; adhering to her enemies; giving 
them aid and comfort. No person shall be convicted of trea- 
son, except on the testimony of two witnesses to the same 
overt act, or confession in open court. 

Par. III. No conviction shall work corruption of blood or 
f w°ood. rrurti011 forfeiture of estate. 

Par. IV. All lotteries, and the sale of lottery tickets, are 
hibiied elies 1)ro " hereby prohibited ; and this prohibition shall be enforced by 
penal laws. 

Par. V. Lobbying is declared to be a crime, and the Gen- 
^Low.ying erim- era i Assembly shall enforce this provision by suitable penal- 
ties. 

Par. VI. The General Assembly shall have the power to 
Fraud. Con- provide for the punishment of fraud: and shall provide, by 

ceahng property. r - ' i ■ J 

law, for reaching property of the debtor concealed from the 
creditor. 

Section III. 
Par. I. In cases of necessity, private ways may be granted 
compensation upon iust compensation being first paid bv the applicant. 

for private ways. r . J r ° r J -,„■'■,,. 

Private property shall not be taken, or damaged, lor public 
purposes, without just and adequate compensation being first 
paid. 

Par. II. No bill of attainder, ex post facto law, retroactive 
Attainder, <>;law, or l aw impairing the obligation of contracts, or making 
&c - irrevocable grants of special privileges or immunities, shall 

be passed. 

Par. III. No grant of special privileges or immunities 
Non-revocation s h a i]_ b e revoked, except in such manner as to work no inius- 

of grants to cor- ' J- J 

porations. ^ ce to tne corporators or creditors of the incorporation. 

Section IV. 
Paragraph I. Laws of a general nature shall have uniform 
anc? TioTvaricd! operation throughout the State, and no special law shall be 



/ 

THE STATE OF GEORGIA. 



Article 2. — Section 1. 



Void acts. 



enacted in any case for which provision has been made by an 
existing general law. No general law affecting private 
rights, shall be varied in any particular case, by special legis- 
lation, except with the free consent, in writing, of all persons 
to be affected thereby; and no person under legal disability to 
contract, is capable of such consent. 

Par. II. Legislative acts in violation of this Constitution, 
or the Constitution of the United States, are void, and the 
Judiciary shall so declare them. 

Section V. 

Paragraph I. The people of this State have the inherent, state Ei § hts - 
sole and exclusive right of regulating their internal govern- 
ment, and the police thereof, and of altering and abolishing 
their Constitution whenever it may be necessary to their 
safety and happiness. 

Par. II. The enumeration of rights herein contained as a inherent Rights 
part of this Constitution, shall not be construed to deny to 
the people any inherent rights which they may have hitherto 
enjoyed. 



ARTICLE II. 

Elective Franchise. 

Section I. 

Paragraph I. In all elections by the people, the electors Ballot. 
shall vote by ballot. 

Par. II. Everv male citizen of the United States, (except who are Eiec- 

• • n i i \i tors - 0ath 0f 

as hereinafter provided) twenty-one years of age, who shall Electors, 
have resided in this State one year next preceding the elec- 
tion, and shall have resided six months in the county in 
which he offers to vote, and shall have paid all taxes which 
may hereafter be required of him, and which he may have 
had an opportunity of paying, agreeably to law, except for 
the year of the election, shall be deemed an elector : Pro- 
vided, that no soldier, sailor or marine in the military or naval 
service of the United States, shall acquire the rights of an 
elector, by reason of being stationed on duty in this State ; 



10 THE CONSTITUTION OF 



Article 2. — Sections 2, 3 and 4 



and no person shall vote who, if challenged, shall refuse to 
take the following oath, or affirmation: "I do swear (or 
affirm) that I am twenty-one years of age. have resided in 
this State one year, and in this county six months, next pre- 
ceding this election. I have paid all taxes which, since the 
adoption of the present Constitution of this State, have been 
required of me previous to this year, and which I have had 
an opportunity to pay, and I have not voted at this election." 

Section II. 
Paragraph I. The General Assembly may provide, from 
wh?lS ? Sfran- ^ me t0 ti me j f° r the registration of all electors, but the fol- 
ehised - lowing classes of persons shall not be permitted to register, 

vote, or hold any office, or appointment of honor or trust in this 
State, to-wit: 1st. Those who shall have been convicted, in any 
court of competent jurisdiction, of treason against the State, 
of embezzlement of public funds, malfeasance in office, bribery 
or larceny, or of any crime involving moral turpitude, pun- 
ishable by the laws of this State with imprisonment in the 
penitentiary, unless such person shall have been pardoned. 
2d. Idiots and insane persons. 

Section III. 



Privilege of 



Electors 



Paragraph I. Electors shall, in all cases, except for treason, 
felony, larceny, and breach of the peaee, be privileged from 
arrest during their attendance on elections, and in going to 
and returning from the same. 

Section IV. 

Paragraph I. No person who is the holder of any public 
Public funds, money, contrary to law, shall be eligible to any office in this 
State, until the same is accounted for and paid into the treas- 
ury. 

Par. II. No person who, after the adoption of this Consti- 
Dueiiing. tution, being a resident of this State, shall have been con- 
victed of fighting a duel in this State, or convicted of sending, 
or accepting a challenge, or convicted of aiding, or abetting 
such duel, shall hold office in this State, unless he shall have 
been pardoned ; and every such person shall, also, be subject 
to such punishment as may be prescribed by law. 



THE STATE OF GEOEGIA. 11 



Article 3. — Sections 1 and 2. 



Section V. 
Paragraph I. The General Assembly shall, by law, forbid 01 ft^ 
the sale, distribution, or furnishing of intoxicating drinks 
within two miles of election precincts, on days of election — 
State, county or municipal — and prescribe punishment for 
any violation of the same. 

Section VI. 
Paragraph I. Returns of election for all civil officers elected Election re- 

& i turns. 

by the people, who are to be commissioned by the Governor, 
and, also, for the members of the General Assembly, shall be 
made to the Secretary of State, unless otherwise provided by 
law. 



sembly. 



Senators 



ARTICLE III. 

Legislative Department. 

Section I. 

Paragraph I. The legislative power of the State shall be sAml ^ neral As " 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. 

Section II. 

Paragraph I. The Senate shall consist of forty-four mem- 
bers. There shall be forty-four Senatorial Districts, as now 
arranged by counties. Each District shall have one (Senator. 

Par. II. The First Senatorial District shall be composed of 
the counties of Chatham, Bryan and Effingham. 

The Second Senatorial District shall be composed of the 
counties of Liberty, Tatnall and Mcintosh. 

The Third Senatorial District shall be composed of the 
counties of Wayne, Pierce and Appling. 

The Fourth Senatorial District shall be composed of the 
counties of Glynn, Camden and Charlton. 

The Fifth Senatorial District shall be composed of the 
counties of Coffee, Ware and Clinch. 

The Sixth Senatorial District shall be composed of the 
counties of Echols, Lowndes and Berrien. 



12 THE CONSTITUTION OF 



Article 3. — Section 2. 



The Seventh Senatorial District shall be composed of the 
counties of Brooks, Thomas and Colquitt. 

The Eighth Senatorial District shall be composed of the 
counties of Decatur, Mitchell and Miller. 

The Ninth Senatorial District shall be composed of the 
counties of Early, Calhoun and Baker. 

The Tenth Senatorial District shall be composed of the 
counties of Dougherty, Lee and Worth. 

The Eleventh Senatorial District shall be composed of the 
counties of Clay, Randolph and Terrell. 

The Twelfth Senatorial District shall be composed of the 
counties of Stewart, Webster and Quitman. 

The Thirteenth Senatorial District shall be composed of the 
counties of Sumter, Schley and Macon. 

The Fourteenth Senatorial District shall be composed of 
the counties of Dooly, Wilcox, Pulaski and Dodge. 

The Fifteenth Senatorial District shall be composed of the 
counties of Montgomery, Telfair and Irwin. 

The Sixteenth Senatorial District shall be composed of the 
counties of Laurens, Emanuel and Johnson. 

The Seventeenth Senatorial District shall be composed of 
the counties of Screven, Bulloch and Burke. 

The Eighteenth Senatorial District shall be composed of 
the counties of Richmond, Glasscock and Jefferson. 

The Nineteenth Senatorial District shall be composed of 
the counties of Taliaferro, Green and Warren. 

The Twentieth Senatorial District shall be composed of the 
counties of Baldwin, Hancock and Washington. 

The Twenty-first Senatorial District shall be composed of 
the counties of Twiggs, Wilkinson and Jones. 

The Twenty-second Senatorial District shall be composed 
of the counties of Bibb, Munroe and Pike. 

The Twenty-third Senatorial District shall be composed of 
the counties of Houston, Crawford and Taylor. 

The Twenty-fourth Senatorial District shall be composed 
of the counties of Muscogee, Marion and Chattahoochee. 

The Twenty-fifth Senatorial District shall be composed of 
the counties of Harris, Upson and Talbot. 

The Twenty- sixth Senatorial District shall be composed of 
the counties of Spalding, Butts and Fayette. 



THE STATE OF GEORGIA. 13 



Article 3. — Section 2. 



The Twenty-seventh Senatorial District shall be composed 
of the counties of Newton, Walton, Clark, Oconee and Rock- 
dale. 

The Twenty -eighth Senatorial District shall be composed 
of the counties of Jasper, Putnam and Morgan. 

The Twenty-ninth Senatorial District shall be composed of 
the counties of Wilkes, Columbia, Lincoln and McDuffie. 

The Thirtieth Senatorial District shall be composed of 
the counties of Oglethorpe, Madison and Elbert. 

The Thirty-first Senatorial District shall be composed of 
the counties of Hart, Habersham and Franklin. 

The Thirty-second Senatorial District shall be composed of 
the counties of White, Dawson and Lumpkin. 

The Thirty-third Senatorial District shall be composed of 
the counties of Hall, Banks and Jackson. 

The Thirty-fourth Senatorial District shall be composed of 
the counties of Gwinnett, DeKalb and Henry. 

The Thirty-fifth Senatorial District shall be composed of 
the counties of Clayton, Cobb and Fulton. 

The Thirty-sixth Senatorial District shall be composed of 
the counties of Campbell, Coweta, Meriwether and Douglass. 

The Thirty-seventh Senatorial District shall be composed 
of the counties of Carroll, Heard and Troup. 

The Thirty-eighth Senatorial District shall be composed of 
the counties of Haralson, Polk and Paulding. 

The Thirty-ninth Senatorial District shall be composed of 
the counties of Milton, Cherokee and Forsyth. 

The Fortieth Senatorial District shall be composed of the 
counties of Union, Towns and Rabun. 

The Forty-first Senatorial District shall be composed of the 
counties of Pickens, Fannin and Gilmer. 

The Forty-second Senatorial District shall be composed of 
the counties of Bartow, Floyd and Chattooga. 

The Forty -third Senatorial District shall be composed of 
the counties of Murray, Gordon and Whitfield. 

The Forty-fourth Senatorial District shall be composed of 
the counties of Walker, Dade and Catoosa. 

Par. III. The General Assembly may change these dis- h DI f r ? ctS) bow 
tricts after each census of the United States : Provided, 
That neither the number of Districts, nor the number of Sen- 
ators from each District shall be increased. 



14 THE CONSTITUTION OF 

Article 3. — Sections 3 and 4. 

Section III. 

Paragraph I. The House of Representatives shall consist of 
Represents one hundred and seventy-five Eepresentatives, apportioned 
among the several counties as follows, to-wit : To the six 
counties having the largest population, viz : Chatham, Rich- 
mond, Burke, Houston, Bibb and Fulton, three Representa- 
tives, each ; to the twenty -six counties having the next 
largest population, viz: Bartow, Coweta, Decatur, Floyd, 
Greene, Gwinnett, Harris, Jefferson, Meriwether, Monroe, 
Muscogee, Newton, Stewart, Sumter, Thomas, Troup, Wash- 
ington, Hancock, Carroll, Cobb, Jackson, Dougherty, Ogle- 
thorpe, Macon, Talbot and Wilkes, two Representatives, 
each ; and to the remaining one hundred and five counties, 
one Representative, each. 

Par. II. The above apportionment shall be changed by the 
Apportionment, General Assembly at its first session after each census taken 

how changed. J 

by the United States Government, so as to give to the six 
counties having the largest population three Representatives, 
each ; and to the twenty-six counties having the next largest 
, population two Representatives, each ; but in no event shall 
the aggregate number of Representatives be increased. 

Section IY. 

Paragraph I. The members of the General Assembly shall 
Term of mem- be elected for two years, and shall serve until their successors 

bers. J ' 

are elected. 

Par. II. The first election for members of the General 
^Ejection, when Assembly, under this Constitution, shall take place on the 
first Wednesday in December, 1877 ; the second election for 
the same shall be held on the first Wednesday in October, 
1880, and subsequent elections biennially, on that day, until 
the day of election is changed by law. 

Par. III. The first meeting of the General Assembly, after 
Meeting of the t ne ratification of this Constitution, shall be on the first Wed- 

Geueral Ass em- ' 

bly - nesday in November, 1878, and biennially thereafter, on the 

same day, until the day shall be changed by law. But noth- 
ing herein contained shall be construed to prevent the Gov- 
ernor from calling an extra session of the General Assembly 
before the first Wednesday in November, 1878, if, in his 
opinion, the public good shall require it. 



THE STATE OF GEORGIA. 15 



Article 3,— Section 5. 



Oath of mem- 
bers. 



| Par. IV. A majority of each house shall constitute a Q norum 
quorum to transact business ; but a smaller number may 
adjourn from day to day and compel the presence of its 
absent members, as each house may provide. 

Par. V. Each Senator and Representative, before taking his 
scat, shall take the following oath, or affirmation, to- wit : "I 
will support the Constitution of this State, and of the United 
States, and on all questions and measures which may come 
before me, I will so conduct myself, as will, in my judgment, 
be most conducive to the interests and prosperity of this 
State." 

Par. VI. No session of the General Assembly shall con- . Length of se8 . 

■/ sion limited. 

tinue longer than forty days, unless by a two-thirds vote of 
the whole number of each house. 

Par. VII. No person holding a military commission, or Eligibility of 

L o «/ i members. 

other appointment, or office, having any emolument, or com- 
pensation annexed thereto, under this State, or the United 
States, or either of them, except Justices of the Peace and 
officers of the militia, nor any defaulter for public money, or 
for any legal taxes required of him, shall have a seat in either 



Appointments 

house; nor shall any Senator, or Representative, after his prohibited. 

qualification as such, be elected by the General Assembly, or 

appointed by the Governor, either with or without the advice 

and consent of the Senate, to any office or appointment having 

any emolument annexed thereto during the time for which 

he shall have been elected. 

Par. VIII. The seat of a member of either house shall be 4 Removal va- 
cates, 

vacated on his removal from the district or county from 
which he was elected. 

Section V. 
Paragraph I. The Senators shall be citizens of the United Qualification of 

° r . Senators. 

States, who have attained the age of twenty-five years, and 
who shall have been citizens of this State for four years, and 
for one year residents of the district from which elected. 

Par. II. The presiding officer of the Senate shall be styled President. 
the President of the Senate, and shall be elected viva voce 
from the Senators. 

Par. III. The Senate shall have the sole power to try im- impeachment, 
peachments. 



16 THE CONSTITUTION OF 

Article 3. — Sections 6 and 7. 

Par. IV. When sitting for that purpose, the members shall 
im eachml^f^ 6 on oatn ? or affirmation, and shall be presided over by the 
g£ fJusticepre " Chief Justice, or the presiding Justice of the Supreme Court. 
Should the Chief Justice be disqualified the Senate shall 
select the Judge of the Supreme Court to preside. No per- 
son shall be convicted without the concurrence of two- thirds 
of the members present. 

Par. V. Judgments, in cases of impeachment, shall not ex- 

me ut ?" imVeach- tend farther than removal from office, and disqualification to 

meat. hold and enjoy any office of honor, trust, or profit, within this 

State ; but the party convicted shall, nevertheless, be liable, 

and subject, to indictment, trial, judgment, and punishment, 

according to law. 

Section VI. 
Paragraph I. The Eepresentatives shall be citizens of the 
E^esentSef United States who have attained the age of twenty-one years, 
and who shall have been citizens of this State for two years, 
and for one year residents of the counties from which elected. 
Par. II. The presiding officer of the House of Representa- 
speaker. tives shall be styled the Speaker of the House of Representa- 
tives, and shall be elected viva voce from the body. 

Par. III. The House of Representatives shall have the sole 
Power to im- power to impeach all persons who shall have been, or may be, 

peach. . 

m office. 

Section VII. 

Paragraph I. Each House shall be the judge of the elec- 
Eiections; Ro- tion, returns, and qualifications of its members, and shall 

tutus; Disorder- . . . 

ly conduct. have power to punish them for disorderly behavior, or mis- 
conduct, by censure, fine, imprisonment, or expulsion ; but no 
member shall be expelled, except by a vote of two-thirds of 
the House to which he belongs. 

Par. II. Each House may punish by imprisonment, not ex- 

contem!t ment of tending beyond the session, any person, not a member, who 
shall be guilty of a contempt, by any disorderly behavior in 
its presence, or who shall rescue, or attempt to rescue, any 
person arrested by order of either House. 

Par. III. The members of both Houses shall be free from 

members. 16 ^ 8 of arrest during their attendance on the General Assembly, and 
in going thereto, or returning therefrom, except for treason, 



THE STATE OF GEORGIA. 17 



Article 3. — Section 7. 



felony, larceny, or breach of the peace ; and no member shall 
be liable to answer in any other place for anything spoken in 
debate in either House. 

Par. IV. Each House shall keep a journal of its proceed- journals, 
ings, and publish it immediately after its adjournment. 

Par. V. The original journal shall be preserved after pub- where pre- 
lication, in the office of the Secretary of State, but there shall 
be no other record thereof. 

Par. VI. The yeas and nays on any question shall, at the Teas and nays, 
desire of one- fifth of the members present, be entered on the 
journal. 

Par. VII. Every bill, before it shall psss, shall be read Reading of bms. 
three times, and on three separate days, in each House, un- 
less in cases of actual invasion or insurrection. 

Par. VIII. No law or ordinance shall pass which refers to 0ue gubject . 
more than one subject matter, or contains matter different matter - 
from what is expressed in the title thereof. 

Par. IX. The general appropriation bill shall embrace Appropriation 
nothing except appropriations fixed by previous laws, the 
ordinary expenses of the Executive, Legislative and Judicial 
Departments of the Government, payment of the public debt 
and interest thereon, and for support of the public institutions 
and educational interests of the State. All other appropria- 
tions shall be made by separate bills, each embracing but one 
subject. 

Par. X. All bills for raising revenue, or appropriating buis for Beve- 
money, shall originate in the House of Representatives, but 
the Senate may propose, or concur in amendments, as in 
other bills. 



Par. XI. No money shall be drawn from the treasury ex- Public money 

J how drawn. 

cept by appropriation made by law, and a regular statement 
and account of the receipt and expenditure of all public 
money shall be published every three months, and, also, with 
the laws passed by each session of the General Assembly. 

Par. XII. No bill or resolution appropriating money shall Appropriation 
become a law unless, upon its passage, the yeas and nays, in 
each House, are recorded. 

Par. XIII. All acts shall be signed bv the President of the signing of Acts. 

° J Rejected Bills. 

Senate and the Speaker of the House of Representatives, and 
no bill, ordinance or resolution, intended to have the effect of 



18 THE CONSTITUTION OF 



Article 3. — Section 7. 



a law, which shall have been rejected by either house, shall 
be again proposed during the same session, under the same 
or any other title, without the consent of two- thirds of the 
House by which the same was rejected. 

Par. XI Y. No bill shall become a law unless it shall re- 
Majority re-ceive a maiority of the votes of all the members elected to 

quired to pass ° V 

bm - each House of the General Assembly, and it shall, in every 

instance, so appear on the journal. 

Par. XV. All special or local bills shall originate in the 

ciai Buis and Spe " House of Eepresentatives. The Speaker of the House of 
Eepresentatives shall, within five days from the organization 
of the General Assembly, appoint a committee, consisting of 
one from each Congressional District, whose duty it shall be 
to consider, and consolidate all special and local bills, on the 
same subject, and report the same to the House ; and no 
special or local bill shall be read or considered by the House 
until the same has been reported by said committee, unless 
by a two- thirds vote. And no bill shall be considered or re- 
ported to the House, by said committee, unless the same shall 
have been laid before it within fifteen days after the organi- 
zation of the General Assembly ; except by a two-thirds vote. 
Par. XYI. No local or special bill shall be passed, unless 
Requirements notice of the intention to apply therefor shall have been pub- 

to pass Local and i. j. ./ i 

special Bins, lished in the locality where the matter, or thing to be ef- 
fected, may be situated, which notice shall be given at least 
thirty days prior to the introduction of such bill into the 
General Assembly, and in the manner to be prescribed by 
law. The evidence of such notice having been published, 
shall be exhibited in the General Assembly before such act 
shall be passed. 

Par. XVII. No law, or section of the Code, shall be 
Amendment of amended or repealed by mere reference to its title, or to the 
number of the section of the Code, but the amending, or re- 
pealing act, shall distinctly describe the law to be amended or 
repealed, as well as the alteration to be made. 

Par. XVIII. The General Assembly shall have no power 
corporations, to grant corporate powers and privileges to private companies, 
except banking, insurance, railroad, canal, navigation, ex- 
press and telegraph companies ; nor to make or change elec- 
tion precincts ; nor to establish bridges or ferries ; nor to 



TEE STATE OF GEOKGIA. 19 



Article 0.— Sections 7 and 8. 



change names or legitimate children ; but it shall pre- 
scribe by law the manner in which such powers shall be ex- 
ercised b}^ the courts. 

Par. XIX. The General Assembly shall have no power to Recognizances, 
relieve principals or ' securities upon forfeited recognizances, 
from the payment thereof, either before or after judgment 
thereon, unless the principal in the recognizance shall have 
been apprehended and placed in the custody of the proper 
officer. 

Par. XX. The General Assembly shall not authorize the street Kaii- 
construction of any street passenger railway, within the limits™ 
of any incorporated town or city, without the consent of the 
corporate authorities. 

Par. XXI. Whenever the Constitution requires a vote of Yeas and nays 
two-thirds of either or both Houses for the passing of an act 
or resolution, the yeas and nays on the passage thereof shall 
be entered on the journal. 

Par. XXII. The General Assembly shall have power to Powers of the 
make all laws and ordinances consistent with this Constitu- 
tion, and not repugnant to the Constitution of the United 
States, which they shall deem necessary and proper for the 
welfare of the State. 

Par. XXIII. No provision in this Constitution, for a two- ( signature of 
thirds vote of both Houses of the General Assembly, shall be 
construed to waive the necessity for the signature of the Gov- 
ernor, as in any other case, except in the case of the two- 
thirds vote required to override the veto, and in case of pro- 
longation of a session of the General Assembly. 

Par. XXIV. Neither House shall adjourn for more than Ad J°urnmenta, 
three days, or to any other place, without the consent of the 
other, and in case of disagreement between the two Houses, 
on a question of adjournment, the Governor may adjourn 
either or both of them. 

Section VIII. 

Paragraph I. The officers of the two Houses, other than the secretary and 
President and Speaker, shall be a Secretary of the Senate 
and Clerk of the House of Eepresentatives, and such assist- 
ants as they may appoint ; but the clerical expenses of the 
Senate shall not exceed sixty dollars per day, for each ses- 



20 THE CONSTITUTION OF 

Article 3.— Sections 9, 10, 11 and 12. 

si on, nor those of the House of Eepresentatives, seventy dol- 
lars per dajr, for each session. The Secretary of the Senate, 
and Clerk of the House of Eepresentatives, shall be required 
to give bond and security for the faithful discharge of their 
respective duties. 

Section IX. 



Per diem of 
members. 



Paragraph 1. The per diem of members of the General 
Assembly shall not exceed four dollars; and mileage shall not 
exceed ten cents for each mile traveled, by the nearest practi- 
cable route, in going to, and returning from, the Capital; but 
the President of the Senate and the Speaker of the House of 
Representatives, snail each receive not exceeding seven dol- 
lars per day. 

Section X. 

Paragraph I. All elections by the General Assembly shall 
Election by \)q v { va voce an d the vote shall appear on the journal of the 

General Assem- r l J 

b1 ^- House of Representatives. When the Senate and House of 

Representatives unite for the purpose of elections, they shall 
meet in the Representative Hall, and the President of the 
Senate shall, in such cases, preside and declare the result. 

Section XI. 

Paragraph I. All property of the wife at the time of her 
wife's estate, marriage, and all property given to, inherited, or acquired by 
her, shall remain her separate property, and not be liable for 
the debts of her husband. 

Section XII. 

Paragraph I. All life insurance companies now doing busi- 
Non-resident ness in this State, or which may desire to establish agencies 
panies. and do business in the State of Georgia, chartered by other 

States of the Union, or foreign States, shall show that they 
have deposited with the Comptroller-General of the State in 
which they are chartered, or of this State, the Insurance 
Commissioner, or such other officer as may be authorized to 
receive it, not less than one hundred thousand dollars, in such 
securities as may be deemed by such officer equivalent to 
cash, subject to his order, as a guarantee fund for the secu- 
rity of policy-holders. 



THE STATE OF GEORGIA. 21 

Article 8. — Section 12. 



Par. II. When suck showing is made to the Comptroller- License by 

° *- Comptroller 

General of the State of Georgia, by a proper certificate from General. 
the State official having charge of the fund so deposited, the 
Comptroller-General of the State of Georgia is authorized to 
issue to the company making such showing, a license to do 
business in the State, upon paying the fees required by law. 

Par. III. All life insurance companies chartered by the State gu^e^ompa- 
of Georgia, or which may hereafter be chartered by the State, llies - 
shall, before doing business, deposit with the Comptroller- 
General of the State of Georgia, or with some strong corpora- 
tion, which may be approved by said Comptroller-General, 
one hundred thousand dollars, in such securities as may be 
deemed by him equivalent to cash, to be subject to his order, 
as a guarantee fund for the security of the policy-holders of 
the company making such deposit, all interest and dividends 
arising from such securities to be paid, when due, to the com- 
pany so depositing. Any such securities as may be needed 
or desired by the company may be taken from said Depart- 
ment at any time by replacing them with other securities 
equally acceptable to the Comptroller-General, whose certifi- 
cate for the same shall be furnished to the company. 

Par. IV. The General Assembly shall, from time to time, q ^S°of ^in* 
enact laws to compel all fire insurance companies doing busi- pSJS" 06 
ness in this State, whether chartered by this State, or other- 
wise, to deposit reasonable securities with the Treasurer of 
this State, to secure the people against loss by the operations 
of said companies. 

Par. Y. The General Assembly shall compel all insurance HU ]Se ta Comp£ 
companies in this State, or doing business therein, under mes " 
proper penalties, to make semi-annual reports to the Gov- 
ernor, and print the same at their own expense, for the in- 
formation and protection of the people. 



22 THE CONSTITUTION OF 



Article 4. — Sections 1 and 2. 



T a x a t i o n— a ' 
sovereig 



ARTICLE IV. 

Power of the General Assembly over Taxation. 

Section I. 

Paragraph I. The right of taxation is a sovereign right — 
^.^inalienable, indestructible — is the life of the State, and right- 
fully belongs to the people in all Republican governments, 
and neither the General Assembly, nor any, nor all other de- 
partments of the Government established by this Constitu- 
tion, shall ever have the authority to irrevocably give, grant, 
limit, or restrain this right : and all laws, grants, contracts, 
and all other acts, whatsoever, by said government, or any 
department thereof, to affect any of these purposes, shall be, 
and are hereby, declared to be null ami void, for every pur- 
pose whatsoever ; and said right of taxation shall always be 
under the complete control of, and revocable by, the State, 
notwithstanding any gift, grant, or contract, whatsoever, by 
the General Assemblv. 



Section II. 

Paragraph I. The power and authority of regulating rail- 
Eaiiroari tariffs. roac { f re ight and passenger tariffs, preventing unjust discrim- 
inations, and requiring reasonable and just rates of freight 
and passenger tariffs, are hereby conferred upon the General 
Assembly, whose duty it shall be to pass laws, from time to 
time, to regulate freight and passenger tariffs, to prohibit un- 
just discriminations on the various railroads of this State, and 
to prohibit said roads from charging other than just and 
reasonable rates, and enforce the same by adequate pen- 
alties. 

Par. II. The exercise of the right of eminent domain shall 
Eight of emi- never be abridged, nor so construed as to prevent the General 

nent domain. . . 

Assembly from taking the property and franchises of incorpo- 
rated companies, and subjecting them to public use, the same 
Exercise of P o- as propertv of individuals ; and the exercise of the police 

lice power. *- L 7 *- 

power of the State shall never be abridged, nor so construed 
as to permit corporations to conduct their business in such a 
manner as to infringe the equal rights of individuals, or the 
szeneral well being of the State. 



THE STATE OF GEORGIA. 23 

Article 4.— Section 2. 



Par. III. The General Assembly shall not remit the for- J^,"^ ° 



amended c h ar- 
tiou 



feiture of the charter of any corporation, now existing, nor JhiaConStui 
alter or amend the same, nor pass any other general or special 
law for the benefit of said corporation, except upon the con- 
dition that such corporation shall thereafter hold its charter 
subject to the provisions of this Constitution ; and every 
amendment of any charter of any corporation in this State, 
or any special law for its benefit, accepted thereby, shall op- 
erate as a novation of said charter and shall bring the same 
under the provisions of this Constitution : Provided, that this 
section shall not extend to any amendment for the purpose of 
allowing any existing road to take stock in or aid in the 
building of any branch road. 

Par. IV. The General Assembly of this State shall have no. B " yin « stock 

J in other corpora- 

power to authorize any corporation to buy shares, or stock, tiou8 - 
in any other corporation in this State, or elsewhere, or to 
make any contract, or agreement whatever, with any such 
corporation, which may have the effect, or be intended to 
have the effect, to defeat or lessen competition in their respec- competition, 
tive businesses, or to encourage monopoly ; and all such con- 
tracts and agreements shall be illegal and void. 

Par. V. No railroad compairy shall give, or pay, any re- Rebates. 
bate, or bonus in the nature thereof, directly or indirectly, or 
do any act to mislead or deceive the public as to the real 
rates charged or received for freights or passage ; and any 
sueii payments shall be illegal and void, and these prohibi- 
tions shall be enforced by suitable penalties. 

Par. YI. No provision of this article shall be deemed, held obligation of 
or taken to impair the obligation of any contract heretofore teeted. 
made by the State of Georgia. 

Par. VII. The General Assembly shall enforce the provis- General Assem- 

• . . r bly to enforce, 

ions of this article by appropriate legislation. 



THE CONSTITUTION OF 



Article r>. — Section 1. 



ARTICLE V. 

Executive Department. 
Section I. 
Paragraph I. The officers of the Executive Department 

ye De-pj, 
partment. 



De " shall consist of a Governor, Secretary of State, Comptroller 



General, and Treasurer. 

Par. II. The Executive power shall be vested in a Gov- 
Govemor. emor, who sliali hold his office during the term of two years, 
and until his successor shall be chosen and qualified. He 
shall not be eligible to re-election, after the expiration of a 
second term, for the period of four years. lie shall have a 
salary of three thousand dollars per annum, (until otherwise 
provided by a law passed by a two-thirds vote of both branches 
of the General Assembly) which shall not be increased or di- 
minished during the period for which he shall have been elec- 
ted ; nor shall he receive, within that time, any other emolu- 
ment from the United States, or either of them, or from any 
foreign power. But this reduction of salary shall not apply 
to the present term of the present Governor. 

Par. III. The first election for Governor, under this Con- 
Eiertion of s titution, shall be held on the first Wednesday in October, 

Governor. J ' 

1880, and the Governor-elect shall be installed in office at the 
next session of the General Assembly. An election shall 
take place biennially thereafter, on said day, until another date 
be fixed by the General Assembly. Said election shall be 
held at the places of holding general elections in the several 
counties of this State, in the manner prescribed for the elec- 
tion of members of the General Assembly, and the electors 
shall be the same. 

Par. IV. The returns for every election of Governor shall 
elections' 11118 of ^ e sealed up by the managers, separately from other returns, 
and directed to the President of the Senate and Speaker of 
the House of representatives, and transmitted to the Secre- 
tary of State, who shall, without opening said returns, cause 
the same to be laid before the Senate on the day after the 
two Houses shall have been organized, and they shall be 
transmitted by the Senate to the House of Representatives. 



THE STATE OF GEORGIA. 25 



Article 5. — Section 1. 



Par. V. The members of each branch of the General As- How published. 
sembly shall convene in the Representative Hall, and the 
President of the Senate and the Speaker of the House of Rep- 
resentatives, shall open and publish the returns in the pres- 
ence and under the direction of the General Assembly ; and 
the person having the majority of the whole number of votes, 
shall be declared duly elected Governor of this State ; but, if 
no person shall have such a majority, then from the two per- 
sons having the highest number of votes, who shall be in life, 
and shall not decline an election at the time appointed for the 
General Assembly to elect, the General Assembly shall, imme- 
diately, elect a Governor viva voce ; and in all cases of elec- 
tion of a Governor by the General Assembly a majority of 
the members present shall be necessary to a choice. 

Par. YI. Contested elections shall be determined by both . Contested elec - 
Houses of the General Assembly, in such manner as shall be 
prescribed by law. 

Par. VII. No person shall be eligible to the office of Gov- Qualifications 

*■ ° of Governor. 

ernor who shall not have been a citizen of the United States 
fifteen years, and a citizen of the State six years, and who 
shall not have attained the age of thirty years. 

Par. VIII. In case of the death, resignation, or disability D( ' lith ' re , sig '~ 

° J nation or disa- 

of the Governor, the President of the Senate shall exercise ™ ity of Goveru ~ 
the executive powers of the government until such disability 
be i amoved, or a successor is elected and qualified. And in 
case of the death, resignation or disability of the President of 
the Senate, the Speaker of the House of Representatives shall 
exercise the executive powers of the government, until the 
removal of the disability, or the election and qualification of 
a Governor. 

Par. IX. The General Assembly shall have power to pro- unexpired terms 
vide by law, for filling unexpired terms by special elections. 

Par. X. The Governor shall, before he enters on the duties oath oi office. 
of his office, take the following oath or affirmation : "I do 
solemnly swear (or affirm, as the case may be,) that I will 
faithfully execute the office of Governor of the State of Geor- 
gia, and will, to the best of my ability, preserve, protect and 
defend the Constitution thereof, and the Constitution of the 
United States of America." 



26 THE CONSTITUTION OF 

Article 5. — Section 1. 



Par. XI. The Governor shall be commander-in-chief of the 
cMef! mander " in " army and navy of this State, and of the militia thereof. 

Par. XII. lie shall have power to grant reprieves and par- 
Reprieves and dons, to commute penalties, remove disabilities imposed by 

pardons. ' J ' L 

law, and to remit any part of a sentence for offenses against 
the State, after conviction, except in cases of treason and im- 
peachment, subject to such regulations as may be provided 
bv law relative to the manner of applying for pardons. Upon 
conviction for treason, he may suspend the execution of the 
sentence and report the case to the General Assembly at the 
next meeting thereof, when the General Assembly shall either 
pardon, commute the sentence, direct its execution, or grant 

P eace?&c! ator ° fa further reprieve, lie shall, at each session of the General 
Assembly, communicate to that body each case of reprieve, 
pardon or commutation granted, stating the name of the con- 
vict, the offense of which he was convicted, the sentence and 
its date, the date of the reprieve, pardon or commutation, and 
the reasons for granting the same. He shall take care that 
the laws are faithfully executed, and shall be a conservator of 
the peace throughout the State. 

Par. XIII. He shall issue writs of election to till all vacan- 

ti,m' i,s ° f elec "cies that may happen in the Senate or House of Representa- 
tives, and shall give the General Assembly, from time to 
time, information of the state of the Commonwealth, and re- 
commend to their consideration such measures as he mav 
Called session deem necessary or expedient. He shall have power to convoke 

ture. ' the General Assembly on extraordinary occasions, but no law 

shall be enacted at called sessions of the General Assembly 
except such as shall relate to the object stated in his procla- 
mation convening them. 

Par. XI Y. When any office shall become vacant, by death, 
resignation, or otherwise, the Governor shall have power to 
fill such vacancy, unless otherwise provided by law ; and per- 
sons so appointed shall continue in office until a successor is 
commissioned, agreeably to the mode pointed out by this 
Constitution, or by law in pursuance thereof. 

Par. XV. A person once rejected by the Senate shall not 
Appointments be re-appointed by the Governor to the same office during 
the same session, or the recess thereafter. 



Filling; varan 
:ics. 



THE STATE OF GEORGIA. 27 

Article ~>. — Sections 1 and 2. 

Par. XVI. The Governor shall have the revision of all vefc o° yernor ' fl 

bills passed by the General Assembly, before the same shall 
become laws, but two-thirds of each House may pass a law, 
notwithstanding his dissent ; and if any bill should not be re- 
turned by the Governor within five days (Sunday excepted) 
alter it has been presented to him, the same shall be a law ; 
unless the General Assembly, by their adjournment, shall 
prevent its return. He may approve any appropriation, and 
disapprove any other appropriation, in the same bill, and the 
latter shall not be effectual, unless passed by two-thirds of 
each House. 

Par. XVII. Every vote, resolution, or order, to which the ap ^™ normust 
concurrence of both Houses may be necessary, except ow a 
question of election, or adjournment, shall be presented to the 
Governor, and before it shall take effect be approved by him, 
or, being disapproved, shall be repassed by two-thirds of each 
House. 

Par. XVIII. He may require information, in writing, froiu tVoii /"^™ a J 10 <!f 
the officers in the Executive Department, on any subject re- De P artmente - 
lating to the duties of their respective offices. It shall be the 
duty of the Governor, quarterly, and oftener it he deems it 
expedient, to examine, under oath, the Treasurer and Comp- Treasurer ami 

n z-i i p i ci -n • • t • Comptroller. 

troller-ireneral ot the State on all matters pertaining to their 
respective offices, and to inspect and review their books and 
accounts. The General Assembly shall have authority to 
provide by law for the suspension of either of said officers 
from the discharge of the duties of his office, and, also for the 
appointment of a suitable person to discharge the duties of 
the same. 

Par. XIX. The Governor shall have power to appoint his 
own secretaries, not exceeding two in number, and to provide 
such other clerical force as may be required in his office, but 
the total cost for secretaries and clerical force in his office 
shall not exceed six thousand dollars per annum. 

Section II. 



Secretaries. 



Paragraph I. The Secretarv of State, Comptroller-General Election of 

° x J l Secretary of 

and Treasurer shall be elected by the persons qualified to vote; statc - c ;° m pVoi- 

J l u ler and Treas- 

for members of the General Assembly, at the same time and urer - 
in the same manner as the Governor. The provisions of the 



28 THE CONSTITUTION OF 

Article 5. — Section 2. 



Constitution as to the transmission of the returns of election, 
counting the votes, declaring the result, deciding when there 
is no election and when there is a contested election, applica- 
ble to the election of Governor, shall apply to the election of 
Secretary of State, Comptroller-General and Treasurer ; they 
shall be commissioned by the Governor, and hold their offices 
for the same time as the Governor. 

Par. II. The salary of the Treasurer shall not exceed two 

sal T J easnvers thousand dollars per annum. The clerical expenses of his 
Department shall not exceed sixteen hundred dollars per an- 
num. 

Par. III. The salary of the Secretary of State shall not ex- 

tary a of s v tate? cre " cee( ^ two thousand dollars per annum, and the clerical ex- 
penses of his Department shall not exceed one thousand dol- 
lars per annum. 

Par. IV. The salary of the Comptroller-General shall not 
rv,n 1 yt a r 1 oiici y Ge°n- excee( ^ two thousand dollars per annum. The clerical ex- 
penses of his Department, including the Insurance Depart- 
ment and Wild Land Clerk, shall not exceed four thousand 
dollars per annum — and without said clerk it shall not exceed 
three thousand dollars per annum. 

Par. V. The Treasurer, shall not be allowed, directly or 

piil f/Tf^ i( / i ' i ' < ™ indirectly, to receive any fee, interest or reward from any 

forbidden. person, bank or corporation, for the deposit or use, in any 

manner, of the public funds ; and the General Assembly shall 

enforce this provision by suitable penalties. 

Par. VI. No person shall be eligible to the office of Secre- 
Qualifications tary of State, Comptroller-General, or Treasurer, unless he 

of certain State J XT) 

officers. sna n have been a citizen of the United States for ten years, 

and shall have resided in this State for six years next preced- 
ing his election, and shall be twenty -five years of age when 
elected. All of said officers shall give bond and security, un- 
der regulations to be prescribed by law, for the faithful dis- 
charge of their duties. 

Par. Vll. The Secretary of State, the Comptroller-General, 
Fees and per- and the Treasurer, shall not be allowed any fee, perquisite, 

quisites forbid- . . J J r ~L > 

den. or compensation, other than their salaries, as prescribed by 

law, except their necessary expenses when absent from the 
seat of Government on business for the State. 



THE STATE OF GEORGIA. 29 



Article G. — Sections 1 and 2. 



Section III. 
Paragraph I. The Great Seal of the State shall be de- The Great seal 

° r of the State. 

posited in the office of the Secretary of State, and shall not 
be affixed to any instrument of writing except by order of the 
Governor, or General Assembly, and that now in use shall be 
the Great Seal of the State until otherwise provided by law, 



ARTICLE VI. 

Judiciary. 

Section I. 

Paragraph I. The judicial powers of this State shall be courts. 
vested in a Supreme Court, Superior Courts, Courts of Ordi- 
nary, Justices of the Peace, commissioned Notaries Public, 
and such other courts as have been, or may be, established by 
law. 

Section II. 

Paragraph I. The Supreme Court shall consist of a Chief supreme court. 
Justice and two Associate Justices. A majority of the court 
shall constitute a quorum. 

Par. II. When one or more of the fudges are disqualified Governor to 

° ° x supply a vacancy 

from deciding any case, by interest or otherwise, the Gov- ~ when - 
ernor shall designate a judge, or judges, of the Superior 
Courts to preside in said case. 

Par. III. No judge of any court shall preside in any case interests in 
where the validity of any bond — Federal, State, corporation t j U aime7 * 
or municipal — is involved, who holds in his own right, or as 
the representative of others, any material interest in the class 
of bonds upon which the question to be decided arises. 

Par. IY. The Chief Justice and! Associate Justices shall Terms of ot- 

* _ fice. 

hold their offices for six years, and until their successors are 
qualified. A successor to the incumbent whose term will 
soonest expire shall be elected by the General Assembly in 
1880 ; a successor to the incumbent whose term of office is 
next in duration shall be elected by the General Assembly in 
1882 ; and a successor to the third incumbent shall be elected 



THE CONSTITUTION OF 



Article 6. — Sections 2 and 3. 



by the General Assembly in 1884 ; but appointments to fill 
vacancies shall only be for the unexpired term, or until such 
vacancies are filled by elections, agreeably to the mode 
pointed out by this Constitution. 

Par. V. The Supreme Court shall have no original juris- 

junsdiction. Miction, but shall be a Court alone for the trial and correction 
of errors from the Superior Courts, and from the City Courts 
of Atlanta and Savannah, and such other like Courts as may 
be hereafter established in other cities ; and shall sit at the 
seat of government, at such times, in each year, as shall be 
prescribed by law, for the trial and determination of writs of 
error from said Superior and City Courts. 

Par. YI. The Supreme Court shall dispose of every case at 

Disposition of -t^ ft TS i or second term after such writ of error is brought : 

cases. o ' 

and in case the plaintiff in error shall not be prepared at the 
first term to prosecute the case — unless prevented hj Provi- 
dential cause — it shall be stricken from the docket, and the 
judgment below shall stand affirmed. 

Par. VII. In any case the Court may, in its discretion, 
withholding withhold its judgment until the next term after the same is 

judgments. ** ° 

argued. 

Section III. 

Paragraph I. There shall be a Judge of the Superior 
Superior Courto. Courts for each Judicial Circuit, whose term of office shall be 
four years, and until his successor is qualified. He may act 
in other circuits when authorized by law. 

Par. II. The successors to the present incumbents shall 
Elections } )e elected by the General Assembly as follows : To the half 
(as near as may be) whose commissions are the oldest, in the 
year 1878 ; and to the others in the year 1880. All subse- 
quent elections shall be at the session of the General Assem- 
bly next preceding the expiration of the terms of incumbents, 
except elections to fill vacancies. The day of election may be 
fixed by the General Assembly. 

Par. III. The terms of the judges to be elected under the 
Terms. Constitution (except to fill vacancies) shall begin on the first 

day of January, after their elections. But, if the time for the 
meeting of the General Assembly shall be changed, the Gen- 
eral Assembly may change the time when the terms of 
judges thereafter elected shall begin. 



THE STATE OF GEORGIA. 81 



Article 6. — Sections 4 and f>. 



Section IV. 
Paragraph I. The Superior Courts shall have exclusive. Exclusive 

D l i jurisdiction. 

jurisdiction in cases of divorce; in criminal cases where the 
offender is subjected to loss of life, or confinement in the pen- 
itentiary ; in cases respecting titles to land, and equity cases. 

Par. II. The General Assembly may confer upon the __ Merger of 

J J 1 Equity and Com- 

Courts of Common Law, all the powers heretofore exercised mon Law - 
by Courts of Equity in this State. 

Par. III. Said Courts shall have jurisdiction in all civil d ^LT al JnTf8 " 
cases, except as hereinafter provided. 

Par. IV. They shall have appellate jurisdiction in all such cli ^ llatejnris " 
cases as may be provided by law. 

Par. V. Thev shall have power to correct errors in inferior Mandamus, 

" *- m _ Certiorari, &c. 

judicatories, by writ of certiorari, which shall only issue on 
the sanction of the Judge ; and said courts, and the Judges 
thereof, shall have power to issue writs of mandamus, pro- 
hibition, scire facias, and all other writs that may be neces- 
sary for carrying their powers fully into effect, and shall 
have such other powers as are, or may be conferred on them 
by law. 

Par. VI. The General Assembly may provide for an ap- Appeals to 
peal from one jury, in the Superior and City Courts to an- 
other, and the said courts may grant new trials on legal 
grounds. 

Par. VII. The court shall render judgment without the Judgments. 
verdict of a jury, in all civil cases founded on unconditional 
contracts in writing, where an issuable defense is not filed 
under oath or affirmation. 

Par. VIII. The Superior Courts shall sit in each county sessions. 
not less than twice in each year, at such times as have been, 
or may be, appointed by law. 

Par. IX. The General Assembly may provide bv law for when presid- 
tne appointment of some proper person to preside in cases qualified. 
where the presiding Judge is, from any cause, disqualified. 

Section V. 

Paragraph I. In any county within which there is, or here- judges a i- 
after may be, a City Court, the Judge of said court, and of nate. 
the Superior Court, may preside in the courts of each other 
in cases where the judge of either court is disqualified to pre- 
side. 



32 THE CONSTITUTION OF 

ions G, 7, 8 and 

Section VI. 
Paragraph I. The powers of a Court of Ordinary, and of 
ordinary— ap- Probate, shall be vested in an Ordinary for each county, from 

peals Hum. <J J 1 

whose decision there may be an appeal (or, by consent of 
parties, without a decision) to the Superior Court, under reg- 
ulations prescribed b} r law. 

Par. II. The Courts of Ordinary shall have such powers in 
Powers. relation to roads, bridges, ferries, public buildings, paupers, 
county officers, county funds, county taxes, and other count} r 
matters, as may be conferred on them by law. 

Par. III. The Ordinary shall hold his office for the term 
Terms of office, of four years, and until his successor is elected and qualified. 

Section VII. 
Paragraph I. There shall be in each militia district one 
Peace tkes ° f th ° Justice of the Peace, whose official term, except when elected 
to fill an unexpired term, shall be four years. 

Par. II. Justices of the Peace shall have jurisdiction in all 
jurisdiction, civil cases, arising ex contractu, and in cases of injuries or 
damages to personal property when the principal sum does 
not exceed one hundred dollars, and shall sit monthly, at 
fixed times, and places ; but in all cases there may be an ap- 
peal to a jury in said Court, or an appeal to the Superior 
Court, under such regulations as may be prescribed by law. 
Par. III. Justices of the Peace shall be elected by the legal 
Elections and voters in their respective districts, and shall be commis- 
sioned by the Governor. They shall be removable on con- 
viction for malpractice in office. 

Section VIII. 

Paragraph I. Commissioned Notaries Public, not to exceed 
Notaries Pub- one for each militia district, may be appointed by the Judges 
of the Superior Courts in their respective circuits, upon re- 
commendation of the grand juries of the several counties. 
They shall be commissioned by the Governor for the term 
of four years, and shall be ex- officio Justices of the Peace, and 
shall be removable on conviction for malpractice in office. 

Section IX. 
Paragraph I. The jurisdiction, powers, proceedings and 
the conrts! lt5 n practice of all courts or officers invested with judicial powers 



cuii.nii-vM'.m'. 



lie 



THE STATE OF GEORGIA. 33 



Article <>. — Sections 10, 11 and 12. 



(except City Courts) of the same grade or class, so far as reg- 
ulated by law, aud the force and effect of the process, judg- 
ment and decree, by such courts, severally, shall be uniform. 
This uniformity must be established by the General Assem- 
bly. 

Section X. 

Paragraph I. There shall be an Attorney-General of this era f t,Jine y- Gcn - 
State, who shall be elected by the people at the same time, 
for the same term and in the same manner as the Governor. 

Par. II. It shall be the duty of the Attorney- General to act Duties - 
as the legal adviser of the Executive Department, to represent 
the State in the Supreme Court in all capital felonies ; and in 
all civil and criminal cases in any court when required by the 
Governor, and to perform such other services as shall be re- 
quired of him by law. 

Section XL 

Paragraph I. There shall be a Solicitor-General for each era f licitor Gen " 
judicial circuit, whose official term, except when commis- 
sioned to fill an unexpired term, shall be four years. 

Par. II. It shall be the duty of the Solicitor-General to 
represent the State in all cases in the Superior Courts of bis 
circuit, and in all cases taken up from his circuit to the Su- 
preme Court ; and to perform such other services as shall b( 
required of him by law. 

Section XII. 



Duties. 



)C 



Paragraph I. The Judges of the Supreme and Supe- judges— how 
rior Courts, and Solicitors General, shall be elected by the 
General Assembly, in joint session, on such day, or days, as 
shall be fixed by joint resolution of both Houses. At the 
session of the General Assembly Avhich is held next before 
the expiration of the terms of the present incumbents, as pro- 
vided in this Constitution, their successors shall be chosen ; 
and the same shall apply to the election of those who shall 
succeed them. Vacancies occasioned by death, resignation vacancies. 
or other cause, shall be filled by appointment of the Gov- 
ernor, until the General Assembly shall convene, when an 
election shall be held to fill the unexpired portion of the 
vacant terms. 
3 



34 THE CONSTITUTION OF 



Article 6. — Sections 13, 14, 15 and 16. 



Section XIII. 

Paragraph. I. The Judges of the Supreme Court shall have, 
• u les aries uf out of the treasury of the State, salaries not to excceed three 
thousand dollars per annum ; the Judges of the Superioi 
Courts shall have salaries not to exceed two thousand dollars 
per annum ; the Attorney -General shall have a salary not to 
exceed two thousand dollars per annum ; and the Solicitors 
General shall each have salaries not to exceed two hundred 
and fifty dollars per annum ; bat the Attorney-General shall 
not have any fee or perquisite in any cases arising after the 
adoption of this Constitution ; but the provisions of this sec- 
tion shall not affect the salaries of those now in office. 

Par. II. The General Assembly may, at any time, by a 
salaries— how two-thii'ds vote of each branch, prescribe other and different 

changed. - 1 - 

salaries for any, or all, of the above officers, but no such 
change shall affect the officers then in commission. 

Section XIY. 

Paragraph I. No person shall be Judge of the Supreme or 
Qualifications. Superior Courts, or Attorney-General, unless, at the time of 
his election, he shall have attained the age of thirty years, 
and shall have been a citizen of the State three years, and 
have practiced law for seven years ; and no person shall be 
hereafter elected Solicitor-General, unless at the time of his 
election he shall have attained twenty-five years of age, shall 
have been a citizen of the State for three years, and shall 
have practiced law for three years next preceding his election. 

Section XV. 

Paragraph I. No total divorce shall be granted, except on 
Divorce. the concurrent verdicts of two juries, at different terms of the 
Court. 

Par. II. AVhen a divorce is granted, the jury rendering 
Duty of second the final verdict shall determine the rierhts and disabilities of 

jury. m D 

the parties. 

Section XVI. 

Paragraph I. Divorce cases shall be brought in the county 
where the defendant resides, if a resident of this State ; if the 
defendant be not a resident of this State, then in the county 
in which the plaintiff resides. 



Y e n n e 
Divorce cases 



THE STATE OF GEORGIA. 35 

Article (5. — Sections 17 ?nd 18. 



Par. II. Cases respecting titles to land shall be tried in the Land titles— 

L D „ where tried. 

county where the land lies, except where a single tract is 
divided by a county line, in which case the Superior Court of 
either county shall have jurisdiction. 

Par. III. Equity cases shall be tried in the county where Equity case*. 
a defendant resides against whom substantial relief is prayed. 

Par. IV. Suits against joint obligors, joint promissors, co- &<^uitsagaXist 
partners, or joint trespassers, residing in different counties, 
may be tried in either county. 

Par. V. Suits against the maker and endorser of promis- do ^S; r ™gi? u 
sory notes, or drawer, acceptor and endorser of foreign or in- agams ' 
land bills of exchange, or like instruments, residing in differ- 
ent counties, shall be brought in the county where the maker 
or acceptor resides. 

Par. VI. All other civil cases shall be tried in the county cageg A11 oth,r 
where the defendant resides, and all criminal cases shall be 
tried in the county where the crime was committed, except 
cases in the Superior Courts where the Judge is satisfied that 
an impartial jury cannot be obtained in such county. 

Section XVII. • 

Paragraph I. The power to change the venue in civil and vem f e hang * of 
criminal cases shall be vested in the Superior Courts, to be 
exercised in such manner as has been, or shall be, provided 
by law. 

Section XVIII. 

Paragraph I. The right of trial by jury, except where it J«*y trial. 
is otherwise provided in this Constitution, shall remain in- 
violate, but the General Assembly may prescribe any num- 
ber, not less than five, to constitute a trial or traverse jury in 
courts other than the Superior and City Courts. 

Par. II. The General Assembly shall provide by law f or TraV er S a e n jui' ind 
the selection of the most experienced, intelligent and upright 
men to serve as grand jurors, and intelligent and upright men 
to serve as traverse jurors. Nevertheless, the grand jurors 
shall be competent to serve as traverse jurors. 

Par. III. It shall be the duty of the General Assembly, by compensation, 
general laws, to prescribe the manner of fixing compensation 
of jurors in all counties in this State. 



36 THE CONSTITUTION OF 



Article 7. — Section 1. 



Section XIX. 

Paragraph I. The General Assembly shall have power to 
comity com- provide for the creation of County Commissioners in such 
counties as may require them, and to define their duties. 

Section XX. 
Paragraph I. All courts not specially mentioned by name 
ished° mt8 abol ~ * n tne ^ rst secfc i° n of this article, may be abolished in any 
county, at the discretion of the General Assembly. 

Section XXI. 

Paragraph I. The costs in the Supreme Court shall not 
supreme court excee( i ten dollars, until otherwise' provided bylaw. Plain - 
tiffs in error shall not be required to pay costs in said court 
when the usual pauper oath is filed in the Court below. 



Taxation. 



ARTICLE VII. 

Finance, Taxation and Public Debt. 
Section I. 

Paragraph I. The powers of taxation over the whole State 
shall be exercised by the General Assembly for the following 
purposes only : 

For the support of the State Government and the public 
institutions ; 

For educational purposes, in instructing children in the 
elementary branches of an English education only ; 

To pay the interest on the public debt ; 

To pay the principal of the public debt ; 

To suppress insurrection, to repel invasion, and defend the 
State in time of war ; 

To supply the soldiers who lost a limb, or limbs, in the 
military service of the Confederate States, with substantial 
artificial limbs during life. 



THE STATE OF GEORGIA. 37 



Article 7. — Sections 2, 3 and 4. 



Section II. 
Paragraph I. All taxation shall be uniform upon the same 



Taxation uni- 



form. 



class of subjects, and ad valorem on all property subject to be 
taxed, within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws. 
The General Assembly may, however, impose a tax upon Do ^'* c - 
such domestic animals as, from their nature and habits, are 
destructive of other property. 

Par. II. The General Assembly may, by law, exempt from Exemptions, 
taxation all public property, places of religious worship or 
burial ; all institutions of purely public charity ; all buildings 
erected for and used as a college, incorporated academy, or 
other seminary of learning ; the real and personal estate of 
any public library, and that of any other literary asssociation, 
used by or connected with such library; all books and 
philosophical apparatus ; and all paintings and statuary of 
any company or association, kept in a public hall, and not 
held as merchandize, or for purposes of sale or gain : Pro- 
vided, the property so exempted be not used for purposes of 
private or corporate profit or income. 

Par. III. ISTo poll tax shall be levied except for educa- Poll - tax - 
tional purposes, and such tax shall not exceed' one dollar, 
annually, upon each poll. 

Par. TV. All laws exempting property from taxation other , ^Lf ™ pt ! °.J 
than the property herein enumerated, shall be void. 

Par. V. The power to tax corporations and corporate prop- Tax on cor P <»- 
erty, shall not be surrendered or suspended by any contract 
or grant to which the State shall be a party. 

Section III. 
Paragraph I. No debt shall be contracted by, or on behalf, stat » debt s- 

D i- ■* ' for what con- 

of the State, except to supply casual deficiencies of revenue, *™cted. 
to repel invasion, suppress insurrection, and defend the State 
in time of war, or to pay the existing public debt ; but the 
debt created to supply deficiencies in revenue shall not ex- 
ceed, in the aggregate, two hundred thousand dollars. 

Section IV. 

Paragraph I. All laws authorizing the borrowing of money Borrowing 
by, or on behalf of, the State, shall specify the purposes for state. 



38 THE CONSTITUTION OF 



Article 7. — Sections 5, G and 7. 



which the money is to be used, and the money so obtained 
shall be used for the purpose specified, and for no other. 

Section V. 

Paragraph I. The credit of the State shall not be pledged 
state credit— or loaned to any individual, company, corporation or associa- 

loan of forbid- . J ' r J . . 

den. tion, and the btate shall not become a joint owner or stock- 

holder in any company, association or corporation. 

Section YI. 
Paragraph I. The General Assembly shall not authorize 
Restrictions on any countjr, municipal corporation, or political division of this 
cities State, to become a stockholder in any company, corporation, 

or association, or to appropriate money for, or to loan its 
credit to any corporation, company, association, institution, or 
individual, except for purely charitable purposes. This re- 
striction shall not operate to prevent the support of schools 
by municipal corporations within their respective limits : 
Provided, that if any municipal corporation shall offer to the 
State any property for locating or building a capitol, and the 
State accepts such offer, the corporation may comply with 
such offer. 

Par. II. The General Assembly shall not have power to 
Taxing power delegate to any county the right to levy a tax for any pur- 

of counties lim- ° , . ° r 

^a. pose, except for educational purposes in instructing children 

in the elementary branches of an English education only ; to 
build and repair the public buildings and bridges ; to main- 
tain and support prisoners ; to pay jurors and coroners, and 
for litigation, quarantine, roads and expenses of courts ; to 
support paupers and pay debts heretofore existing. 

Section VII. 

Paragraph I. The debt hereafter incurred by any county, 

Taxation by municipal corporation, or political division, of this State, ex- 
cities ami coun- . 

ties limited. cept as in this Constitution provided for, shall never exceed 
seven per centum of the assessed value of all the taxable 
property therein, and no such county, municipality, or divis- 
ion, shall incur any new debt, except for a temporary loan or 
loans, to supply casual deficiencies of revenue, not to exceed 
one-fifth of one per centum of the assessed value of taxable 
property therein, without the assent of two-thirds of the 



TEE STATE OF GEOKGIA. 39 



Article 7.— Sections 8, 9, 10 and 11. 



City and conn- 
s' bonds — bow 



qualified voters thereof, at an election for that purpose, to be 
held as may be prescribed by law ; but any city, the debt of 
which does not exceed seven per centum of the assessed value 
of the taxable property at the time of the adoption of this 
Constitution, may be authorized by law to increase, at any 
time, the amount of said debt, three per centum upon such 
assessed valuation. 

Par. II. Any county, municipal corporation, or political 1 
division of this State, which shall incur any bonded indebted- 
ness under the provisions of this Constitution, shall, at or be- 
fore the time of so doing, provide for the assessment and col- 
lection of an annual tax, sufficient in amount to pay the prin- 
cipal and interest of said debt within thirty years from the 
date of the incurring of said indebtedness. 

Section VIII. 
Paragraph I. The State shall not assume the debt, nor any state cannot 

n . . . , . . , assume debts. 

part thereof, of any county, municipal corporation, or political 
division of the State, unless such debt shall be contracted to 
enable the State to repel invasion, suppress insurrection, or 
defend itself in time of war. 

Section IX. 

Paragraph I. The receiving, directly or indirectly, by any . Profit on pub- 
officer of the State or county, or member or officer of the bidden - 
General Assembly, of any interest, profits, or perquisites, 
arising from the use or loan of public funds in his hands, or 
moneys to be raised through his agency for State or county 
purposes, shall be deemed a felony, and punishable as may be 
prescribed by law, a part of which punishment shall be a 
disqualification from holding office. 

Section X. 

Paragraph I. Municipal corporations shall not incur any g- city debts can- 
:bt until provision tl 
municipal government. 



debt until provision therefor shall have been made by the fore prodded Z 



Section XI. 
Paragraph I. The General Assembly shall have no au- Payment of 

, . • i t i -i . fraudulent bonds 

thorny to appropriate money, either directly or indirectly, to forbidden. 
pay the whole, or any part, of the principal or interest of the 



40 THE CONSTITUTION OF 



Article 7. — Sections 12, 13 and 14. 



bonds, or other obligations which have been pronounced 
illegal, null and void, by the General Assembly, and the con- 
stitutional amendments ratified by a vote of the people on the 
confederate first day of May, 1877 ; nor shall the General Assembly have 
authority to pay any of the obligations created by the State 
under laws passed during the late war between the States, 
nor any of the bonds, notes, or obligations made and entered 
into during the existence of said war, the time for the pay- 
ment of which was fixed after the ratification of a treaty of 
peace between the United States and the Confederate States ; 
nor shall the General Assembly pass any law, or the Gov- 
ernor, or other State official, enter into any contract, or agree- 
ment, whereby the State shall be made a party to any suit in 
any court of this State, or of the United States, instituted to 
test the validity of any such bonds or obligations. 

Section XII. 
Paragraph I. The bonded debt of the State shall never be 

tlie bonded debt. 

defend the State in time of war 



of increased, except to repel invasion, suppress insurrection, or 



Section XIII. 
Paragraph I. The proceeds of the sale of the Western and 
candle ^oM^to Atlantic, Macon and Brunswick, or other railroads, held by 
debt. the b,mded tne State, and any other property owned by the State, when- 
ever the General Assembly may authorize the sale of the 
whole, or any part thereof, shall be applied to the payment of 
the bonded debt of the State, and shall not be used for any 
other purpose whatever, so long as the State has any existing 
bonded debt ; provided, that the proceeds of the sale of the 
Western and Atlantic Kailroad shall be applied to the pay- 
ment of the bonds for which said railroad has been mort- 
gaged, in preference to all other bonds. 

Section XIY. 
Paragraph I. The General Assembly shall raise, by taxa- 
provisions for ti on, each year in addition to the sum required to pav the 

a sinking fund. it • i £ J 

public expenses and interest on the public debt, the sum of 
one hundred thousand dollars, which shall be held as a sink- 
ing fund, to pay off and retire the bonds of the State which 
have not yet matured, and shall be applied to no other pur- 



THE STATE OF GEORGIA. 41 



Article 7. — Sections 15, 10 and 17. 



pose whatever. If the bonds cannot at any time be pur- 
chased at or below par, then the sinking fund, herein pro- 
vided for may be loaned by the Governor and Treasurer of 
the State ; provided, the security which shall be demanded 
for said loan shall consist only of the valid bonds of the State; 
but this section shall not take effect until the eight per cent. 
currency bonds, issued under the Act of February the 19th, 
1873, shall have been paid. 

Section XV. 



Quarterly 



Paragraph I. The Comptroller-General and Treasurer shall po 
each make to the Governor a quarterly report of the finan- lerand Treasurer 
cial condition of the State, which report shall include a state- 
ment of the assets, liabilities and income of the State, and ex- 
penditures therefor, for the three months preceding ; and it 
shall be the duty of the Governor to carefully examioe the 
same by himself, or through competent persons connected 
with his department, and cause an abstract thereof to be pub- 
lished for the information of the people, which abstract shall 
be endorsed by him as having been examined. 

Section XVI. 

Paragraph I. The General Assembly shall not, by vote, DoiiationS) &c - 
resolution, or order, grant any donation, or gratuity, in favor 
of any person, corporation, or association. 

Par. II. The General Assembly shall not grant or author- Extra compel 

t t ™ sation. 

ize extra compensation to any public officer, agent, or con- 
tractor, after the service has been rendered, or the contract 
entered into. 

Section XYII. 

Paragraph I. The office of the State Printer shall cease Public Printing, 
with the expiration of the term of the present incumbent, and 
the General Assembly shall provide, by law, for letting the 
public printing to the lowest responsible bidder, or bidders, 
who shall give adequate and satisfactory security for the 
faithful performance thereof. No member of the General 
Assembly, or other public officer, shall be interested, either 
directly or indirectly, in any such contract. 



42 THE CONSTITUTION OF 



Article 8. — Sections 1, 2, 3 and 4. 



State Sch 
Commissione 



ARTICLE VIII. 

Education. 
Section I. 

Paragraph I. There shall be a thorough system of com- 
Commonmon schools for the education of children in the elementary 
branches of an English education only, as nearly uniform as 
practicable, the expenses of which shall be provided for by 
taxation, or otherwise. The schools shall be free to all chil- 
dren of the State, but separate schools shall be provided for 
the white and colored races. 

Section II. 

Paragraph I. There shall be a State School Commissioner, 
oi appointed by the Governor, and confirmed by the Senate, 
whose term of office shall be two years, and until his succes- 
sor is appointed and qualified. His office shall be at the seat 
of government, and he shall be paid a salary not to exceed 
two thousand dollars per annum. The General Assembly 
may substitute for the State School Commissioner such offi- 
cer, or officers, as may be deemed necessary to perfect the 
system of public education. 

Section III. 
Paragraph I. The poll tax, any educational fund now be- 
sciiuui fund, longing to the State (except the endowment of, and debt due 
to, the University of Georgia), a special tax on shows and 
exhibitions, and on the sale of spirituous and malt liquors — ■ 
which the General Assembly is hereby authorized to assess 
■ — and the proceeds of any commutation tax for military 
service, and all taxes that may be assessed on such domestic 
animals as, from their nature and habits, are destructive to 
other property, are hereby set apart and devoted to the sup- 
port of common schools. 

Section IV. 
Paragraph 1. Authority may be granted to counties, upon 
counties and the recommendation of two grand juries, and to municipal 

citied may tax . t • n 

for p u b i i c corporations, upon the recommendation of the corporate au- 
thority, to establish and maintain public schools in their re* 



THE STATE OF GEORGIA. 43 

Article 8. — Sections 5 and 6. 



spective limits, by local taxation ; but no such local laws 
shall take effect until the same shall have been submitted to 
a vote of the qualified voters in each county or municipal 
corporation, and approved by a two-thirds vote of persons 
qualified to vote at such election ; and the General Assembly 
may prescribe who shall vote on such question. 

Section V. 

Paragraph I. Existing local school systems shall not be 
affected by this Constitution. Nothing contained iu section 
first of this article shall be construed to deprive schools in 
this State, not common schools, from participation in the edu- 
cational fund of the State, as to all pupils therein taught in 
the elementary branches of an English education. 

Section VI. 



Local school 



system. 



Paragraph I. The trustees of the University of Georgia* 
may accept bequests, donations and grants of land, or other 
property, for the use of said University. In addition to the 
payment of the annual interest on the debt due by the State 
to the University, the General Assembly may, from time to 
time, make such donations thereto as the condition of the 
Treasury will authorize. And the General Assembly may 
also, from time to time, make such appropriations of money 
as the condition of the Treasury will authorize to any College 
or University (not exceeding one in number) now established, 
or hereafter to be established, in this State for the educa- 
tion of persons of color. 



State Uuiyer- 



44: THE CONSTITUTION OF 



Article 9. — Sections 1, 2, 3 and 4. 



amount 



ARTICLE IX. 

Homestead and Exemptions. 

Section I. 

Paragraph I. There shall be exempt from levy and sale, 
imToTSu^y virtue of any process whatever, under the laws of this 
State, except as hereinafter excepted, of the property of every 
head of a family, or guardian, or trustee of a family of minor 
children, or every aged or infirm person, or person having the 
care and support of dependent females of any age, who is not 
the head of a family, realty or personalty, or both, to the 
value in the aggregate of sixteen hundred dollars. 



Note— The above provision of the Constitution was specially submitted to the people and 
ratifieil, ;is a part thereof, by them, on December 5th, 1877. 

Section II. 

Paragraph I. No court or ministerial officer in this State 
protection of shall ever have jurisdiction or authority to enforce anv iudo- 

Homestead guar- " J ~ J J Q 

anteed. ment, execution, or decree, against the property set apart for 

such purpose, including such improvements as may be made 
thereon, from time to time, except for taxes, for the purchase 
money of the same, for labor done thereon, for material fur- 
nished therefor, or for the removal of encumbrances thereon. 

Section III. 

Paragraph I. The debtor shall have power to waive or 
waiver — ex- renounce in writing his right to the benefit of the exemption 
provided for in this article, except as to wearing apparel, and 
not exceeding three hundred dollars worth of household and 
kitchen furniture, and provisions, to be selected by himself 
and his wife, if any, and he shall not, after it is set apart, 
alienate or encumber the property so exempted, but it may 
How sold. \y G sold by t^ debtor, and his wife, if any, jointly, with the 
sanction of the Judge of the Superior Court of the county, 
where the debtor resides or the land is situated, the proceeds 
to be reinvested upon the same uses. 

Section IY. 

Paragraph I. The General Assembly shall provide, by law, 
of Homestead art as early as practicable, for the setting apart and valuation of 



tent of. 



THE STATE OF GEORGIA. 45 



Article i>. — Sections 5, 6, 7 and 8. 



said property. But nothing in this article shall be construed 
to affect or repeal the existing laws for exemption of property 
Prom sale, contained in the present Code of this State in par- 
agraphs 2040 to 2049 inclusive, and the acts amendatory f option of a p- 

'-> i- ' <J phcant on Home- 

theretO. It may be optional with the applicant to take either, sUa,ls - 

but not both, of such exemptions. 

Section V. 

Paragraph I. The debtor shall have authority to waive or sh0 rtHomL\ead f 
renounce in Avritino- his right to the benefit of the exemption 
provided for in section four, except as is excepted in section 
three of this article. 

Section YI. 

Paragraph I. The applicant shall, at any time, have the supplemental 
right to supplement his exemption by adding to an amount 
already set apart Avhich is less than the whole amount of ex- 
emption herein allowed, a sufficiency to make his exemption 
equal to the whole amount. 

Section YII. 
Paragraph I. Homesteads and exem ntions of personal Tiro- Homesteadsai- 

° _ * l L > - ready set apart. 

perty which have been heretofore set apart by virtue of the 
provisions of the existing Constitution of this State, and in 
accordance with the laws for the enforcement thereof, or 
which may be hereafter so set apart, at any time, shall be 
and remain valid as against all debts and liabilities existing 
at the time of the adoption of this Constitution, to the same 
extent that they would have been had said existing Con- 
stitution not been revised. 



Section VIII. 

Paragraph I. Eights which have become vested under m 
previously existing laws shall not be affected by anything 1 ' 10 
herein contained. In all cases in which homesteads have 
been set apart under the Constitution of 1868, and the laws 
made in pursuance thereof, and a bona fide sale of such prop- 
erty has been subsequently made, and the full purchase price 
thereof has been paid, all right of exemption in such prop- 
erty by reason of its having been so set apart, shall cease in 
so far as it affects the right of the purchaser. In all such 



sted rights 



46 THE CONSTITUTION OF 

Article 10. — Section 1. 

cases where a part only of the purchase price has been paid, 
such transaction shall be governed by the laws now of force 

in this State, in so far as they affect the rights of the pur- 
chaser, as though said property had not been set apart. 

Section IX. 

Paragraph I. Parties who have taken a homestead of 
Homestead of realty under the Constitution of eighteen hundred and sixty- 

18bS may be told. «> <-^ 

eight, shall have the right to sell said Homestead and reinvest 
the same, by order of the Judge of the Superior Courts of 
this State. 



ARTICLE X. 

Militia. 
Section I. 

Paragraph I. A well regulated militia being essential to 

n ^f a nizatinn " f the peace and security of the Slate, the General Assembly 

shall have authority to provide by law how the militia of 

this State shall be organized, officered, trained, armed and 

equipped; and of whom it shall consist. 

Par. II. The General Assembly shall have power to au- 
voiunteere. tliorize the formation of volunteer companies, and to provide 
lor their organization into battalions, regiments, brigades, 
divisions and corps, with such restrictions as may be pre- 
scribed by law, and shall have authority to arm and equip 
the same. 

Par. III. The officers and men of the militia and volunteer 
Pft y- forces shall not be entitled to receive any pay, rations, or 

emoluments, when not in active service by authority of the 
State. 



THE STATE OF GEORGIA. 47 



Article 11.— Sections 1, 2 and :). 



ARTICLE XL 

Counties and County Officers. 
Section I. 
Paragraph I. Each county shall be a boclv corporate, with counties are 

° l «■ . bodies corporate. 

such powers and limitations as may be prescribed by law. 
All suits by, or against, a county, shall be in the name there- 
of; and the metes and bounds of the several counties shall re- 
main as now prescribed by law, unless changed as herein- 
after provided. 

Par. II. No new county shall be created. New counties. 

Par. III. County lines shall not be changed, unless under county lines. 
the operation of a general law for that purpose. 

Par. IV. No county site shall be changed or removed, ex- County sites, 
cept by a two-thirds vote of the qualified voters of the county, 
voting at an election held for that purpose, and a two-thirds 
vote of the General Assembly. 

Par. V. Any county may be dissolved and merged with J£ntlVl° pro- 
contiguous counties, by a two-thirds vote of the qualified vldedtor - 
electors of such county, voting at an election held for that 
purpose. 

Section II. 

Paragraph I. The county officers shall be elected by the Elections of 

o £ u J county officers. 

qualified voters of their respective counties, or districts, and 
shall hold their offices for two years. They shall be removed 
on conviction for malpractice in office, and no person shall be 
eligible to any of the offices referred to in this paragraph, 
unless he shall have been a resident of the county for two 
years, and is a qualified voter. 

Section III. 



must be uniform. 



Paragraph I. Whatever tribunal, or officers, may here- ^ county officers 
after be created by the General Assembly for the transaction 
of county matters, shall be uniform throughout the State, and 
of the same name, jurisdiction and remedies, except that the 
General Assembly may provide for the appointment of Com- 
missioners of roads and revenue in any county. 



48 THE CONSTITUTION" OF 

Article VI. — Section 1. 

ARTICLE XII. 

The Laws of General Operation in Force in this State. 

Section I. 

Paragraph I. The laws of general operation in this State 

supreme law. are, first, as the supreme law : the Constitution of the United 

States, the laws of the United States in pursuance thereof, 

and all treaties made under the authority of the United 

States ; 

Par. II. Second. As next in authority thereto : this Con- 
state Constitu- . . J 

tion - stitution ; 

Par. III. Third. Insubordination to the foregoing: All 
PuhHc statutes. l aw s now of force in this State, not inconsistent with this 
Constitution, and the ordinances of this Convention, shall re- 
main of force until the same are modified or repealed by the 
General Assembly. The tax acts and appropriation acts 
passed by the General Assembly of 1877, and approved by 
the Governor of the State, and not inconsistent with the Con- 
stitution, are hereby continued in force until altered by law. 
Par. IV. Local and private acts passed for the benefit of 
Local and counties, cities, towns, corporations, and private persons not 
inconsistent with the supreme law, nor with this Constitution, 
and which hAve not expired nor been repealed, shall have the 
force of statute law, subject to judicial decision as to their 
validity when passed and to any limitations imposed by their 
own terms. 

Par. V. All rights, privileges and immunities which may 
v.sted ri-htshave vested in, or accrued to, any person or persons, or cor- 
poration, in his, her, or their own right, or in any fiduciary 
capacity, under, and in virtue of, any act. of the General As- 
sembly, or any judgment, decree or order, or other proceeding 
of any court of competent jurisdiction, in this State, hereto- 
fore rendered, shall be held inviolate by all courts before 
which they may be brought in question, unless attacked for 
fraud. 

Par. VI. All judgments, decrees, orders, and other pro- 
Acts <»t courts ceedings, of the several courts of this State, heretofore made, 
within the limits of their several jurisdictions, are hereby 



THE STATE OF GEOEGIA. 49 



Article 13. — Section 1. 



Existing of- 



ratified and affirmed, subject only to reversal by motion for a 
new trial, appeal, bill of review, or other preceding, in con- 
formity with the law of force when, they were made. 

Par. VII. The officers of the government now existing fice 
shall continue in the exercise of their several functions until 
their successors are duly elected, or appointed and qualified ; 
but nothing herein is to apply to any officer, whose office may 
be abolished by this Constitution. 

Par. VIII. The ordinances of this Convention shall have the ordinances, 
force of laws until otherwise provided by the General Assem- 
bly, except the ordinances in reference to submitting the 
homestead and capital question to a vote of the people, which 
ordinances, after being voted on, shall have the effect of Con- 
stitutional provisions. 



Note — Under the Ordinance of the Convention, submitting the question of the location of 
the Capital to the people, the city of Atlanta was chosen, December 5th, 1877. 



ARTICLE XIII. 

Amendments to the Constitution. 
Section I. 
Paragraph I. Any amendment, or amendments to this Con- 
stitution may be proposed in the Senate or House* of Eepre- 
sentatives, and if the same shall be agreed to by two-thirds 
of the members elected to each of the two houses, such pro- 
posed amendment or amendments shall be entered on their 
journals, with the yeas and nays taken thereon. And the 
General Assembly shall cause such amendment or amend- 
ments to be published in one or more newspapers in each 
Congressional District, for two months previous to the time 
of holding the next general election, and shall also provide 
for a submission of such proposed amendment or amendments, 
to the people at said next general election, and if the people 
shall ratify such amendment or amendments, by a majority 
of the electors qualified to vote for members of the General 
Assembly, voting thereon, such amendment or amendments, 
shall become a part of this Constitution. When more than 
one amendment is submitted at the same time, they shall be 
so submitted as to enable the electors to vote on each amend- 
ment separately. 
4 



Amendments — 

how made. 



Katification. 



50 THE CONSTITUTION OF 

Article 13.— Section 2. 

Par. II. No Convention of the people shall be called by 
convention— the General Assembly to revise, amend, or change this Oon- 

how called. # ,J . 

stitntion, nnless by the concurrence of two-thirds of all the 
members of each House of the General Assembly. The rep- 
resentation in. said Convention shall be based on population 
as near as practicable. 

Section II. 

Paragraph I. The Constitution shall be submitted for rati- 
fication or rejection to the electors of the State, at an election 
to be held on the first Wednesday in December, one thousand 
eight hundred and seventy-seven, in the several election dis- 
tricts of this State, at which election , every person shall be 
entitled to vote who is entitled to vote for the members of the 
General Assembly under the Constitution and laws of force 
at the date of such election ; said election to be held and con- 
ducted as is now provided by law for holding elections for 
members of the General Assembly. All persons voting at 
said election in favor of adopting the Constitution, shall write 
or have printed on their ballots the words u For Ratification ;" 
and all persons opposed to the adoption of this Constitution 
shall write or have printed on their ballots the words "Against 
Ratification? 

Par. II. The votes cast at said election shall be consolidated 
votes consult- in each of the counties of this State, as is now required by 
law in elections for members of the General Assembly, and 
returns thereof made to the Governor ; and should a majority 
of all the votes cast at said election be in favor of ratification, 
he shall declare the said Constitution adopted, and make proc- 
lamation of the result of said election by publication in one 
or more newspapers in each Congressional District of the 
State, but should a majority of the votes cast be against rati- 
fication, he shall in the same manner proclaim the said Con- 
stitution rejected. 



dated 



[In compliance with a resolution of the Convention the proof sheets of the 
Constitution, as published by the State Printer, were carefully revised by Hon. 
N. J. Hammond. The foregoing is an exact copy of the instrument as thus 
revised, and is, therefore, officially correct.— Compilers.] 



THE STATE OF GEORGIA. 51 



ORDINANCES, 



AN ORDINANCE. 
Be it ordained by the 'people of Georgia in Convention assembled : 

1st. That the question of the location of the Capital of this State be 
kept out of the Constitution to be adopted by the Convention. 

2nd. That at the first general election hereafter held for members of 
the General Assembly every voter may endorse on his ballot "Atlanta" 
or "Milledgeville," and the one of these places receiving the largest num- 
ber of votes shall be the Capital of the State until changed by the 
same authority and in the same way that may be provided for the alter- 
ation of the Constitution that may be adopted by the Convention, 
whether said Constitution be ratified or rejected. And that every 
person entitled to vote for members of the General Assembly, under the 
present Constitution and laws of this State, shall be entitled to vote 
under this ordinance ; and in the event of the rejection of said Constitu- 
tion, shall (should) a majority of votes cast be in favor of Milledge- 
ville, then this provision to operate and take effect as an amendment to 
the present Constitution. 

AN ORDINANCE. 

Be it ordained, by the people of Georgia, in Convention assembled, and 
it is hereby ordained by authority of the same : 

1st. That the article adopted by this Convention on the subject of 
homestead and exemptions shall not form a part of this Constitution, 
except as hereinafter provided. 

2nd. At the election held for the ratification or rejection of this Con- 
stitution, it shall be lawful for each voter to have written or printed on 
his ballot the words "Homestead of 1877," or the words "Homestead of 
1868." 

3d. In the event that a majority of the ballots s© cast have endorsed 
upon them the words, "Homestead of 1877," then said article, so 
adopted by this Convention, shall form a part of the Constitution sub- 
mitted, if the same is ratified ; but in the event that said Constitution, so 



52 ORDINANCES. 



submitted, shall not be ratified, then the article on homestead and ex- 
emptions so adopted as aforesaid by this Convention, shall supersede 
article seventh of the Constitution of 1868 on the subject of homestead 
and exemptions, and form a part of this Constitution. 

4th. If a majority of the ballots so cast as aforesaid shall have en- 
dorsed upon them the words, "Homestead of 1868," then article 
seventh of the Constitution of 1868 shall supersede the article on home- 
stead and exemptions adopted by this Convention, and shall be incor- 
porated in and form (a part) of the Constitution so submitted and rati- 
fied. 

Read and adopted in Convention, August 22, 1877. 

Attest: C. J. Jenkins, 

President Constitutional Convention. 

James Cooper Nisbet, Secretary. 

AN ORDINANCE. 

Whereas, a committee has been appointed by this Convention to 
consider and inquire into the ways and means by which the expenses of 
this Convention, over and above those provided for by the General As- 
sembly, can be defrayed ; and, whereas, the committee are satisfied that 
a sufficient sum of money for the same can be procured by an ordinance 
of this Convention ; therefore, 

Be it ordained by the people of Georgia in Convention assembled, and it 
is hereby ordained by authority of the same: 

That the President of this Convention shall be, and he is hereby, em- 
powered, by authority of this Convention, to negotiate a loan of a suffi- 
cient sum of money, at seven per cent, per annum, to defray the residue 
of the expenses of this Convention not provided for by the act of the 
General Assembly calling this Convention. 

Read and adopted in Convention, August 18, 1877. 

Attest: C. J. Jenkins, 

President Constitutional Convention. 

James Cooper Nisbet, Secretary. 

AN ORDINANCE. 
Be it ordained by the people of Georgia, in Convention assembled: 

1st. That the Constitution as adopted and revised be enrolled and 
signed by the officers and members of this Convention. 

2d. That the Governor shall issue his proclamation, ordering an elec- 
tion for members of the General Assembly, and a vote upon the ratifica- 



ORDINANCES. 53 



tion or rejection of this Constitution, as therein provided, and a vote 
upon the Capital and Homestead questions, as provided by the ordi- 
nances of this Convention. 

Read and adopted in Convention, August 25th, 1877. 

Attest : C. J. Jenkins, 

President Constitutional Convention. 

James Cooper Nisbet, Secretary. 

AN ORDINANCE. 

There shall be sixteen Judicial Circuits in this State, and it shall be 
the duty of the General Assembly to organize and apportion the same 
in such manner as to equalize the business and labor of the Judges in 
said several circuits, as far as may be practicable. But the General 
Assembly shall have power hereafter tore-organize, increase, or diminish 
the number of circuits : Provided, however, that the circuits shall re- 
main as now organized, until changed by law. 

Read and adopted in Convention, August 23d, 1877. 

Attest: C. J. Jenkins, 



President Constitutional Convention, 



James Cooper Nisbet, Secretary. 



INDEX 



TO THE 



CONSTITUTION OF GEORGIA, 



[Note. — References in the Index are made to the Article, Section and Paragraph of the provision refer- 
red to; the original division of the instrument being strictly followed.] 



Absent member of Legislature, attendance of, compelled 3 

Abuse under arrest or in prison prohibited 1 

Of liberty of speech or press, responsibility for 1 

Academy, incorporated, exempt from taxation 7 

Acceptors, suits against, where tried 6 

Account of Treasurer to be published quarterly 3 

Accusation, copy to be furnished defendant on demand 1 

Acts, amending or repealing, must describe the law affected 3 

Local and private authority of 12 

Must be signed by President of Senate and Speaker of House 3 

Eequiring two-thirds vote — yeas and nays must be recorded 3 

Adjournment of Legislature by less than a majority 3 

Consent of both Houses required when 3 

Houses failing to agree, Governor may adjourn them 3 

Resolutions of , not submitted to Governor 5 

Ad valorem, Tax on property shall be 7 

Aged and Infirm persons entitled to Homestead 9 

Aid of State to any religious denomination prohibited 1 

To any person or corporation, by lending credit or taking stock, 

prohibited 7 

To any person or corporation, by donation or gratuity, prohibited... 7 

Aid of County or City to person or corporation prohibited 7 

Amendments to Appropriation and Revenue bills by Senate 3 

To Constitution 13 

To statute or code, form of amending act 3 

Animals, special tax may be imposed on vicious ones 7 

Appeal, from one Jury to another in Superior and City Courts 6 

From Ordinary to Superior Court 6 

From Justice of the Peace to Jury or Superior Court 6 

Appellate Jurisdiction of the Superior Court 6 



4 


4 


1 


9 


1 


15 


2 


2 


16 


5 


7 


11 


1 


5 


7 


17 


1 


4 


7 


13 


7 


21 


4 


4 


7 


24 


7 


24 


1 


17 


2 


1 


1 


1 


1 


14 


5 


1 


16 


1 


6 


1 


7 


10 


1 


1 


7 


17 


2 


1 


4 


6 


6 


1 


7 


2 


4 


4 



56 INDEX TO THE 



Appointment of Legislator to another office prohibited 3 

By Governor to fill vacancies 5 

Rejected by Senate, effect of 5 

Of State School Commissioner 8 

Apportionment of Representatives, how changed 3 

Appropriation Acts, authority of 12 

Bills, general and special 3 

Bills must originate in House of Representatives 3 

Bills, yeas and nays must be recorded on 3 

Bills, may be approved in part 5 

Necessary to authorize payment by Treasurer 3 

For University of Georgia, and College for colored pupils 8 

Approval of Governor to Bills 5 

Of Governor to Resolutions and Orders 5 

Arms, right of citizens to bear — manner of bearing 1 

Army of the State, Governor is Commander of 5 

Arrest, abuse under, prohibited i 1 

Punishment for rescue from, under order either House 3 

Privilege of Elector from 2 

Privilege of member Legislature from 3 

Artificial limbs for Confederate soldiers 7 

Assemble, right of people to do so guaranteed ... 1 

Associate Justices of Supreme Court 6 

Atlanta, City Court of, errors corrected in Supreme Court 6 

Attainder, bill of, prohibited 1 

Attendance of members of Legislature compelled 3 

Attendance of members of Legislature, privileges during 3 

Attorney, right to defend or prosecute by 1 

Right of Defendant in criminal cases, to have 1 

General, election of 6 

General, duties 6 

General, salary 6 

General, qualifications 6 

Authority of Constitution, treaties, laws, judgments, &c 12 



B 



Bail shall not be excessive 1 

Ballot, election by the people, shall be by 2 

Banishment beyond the State prohibited 1 

Banks may be incorporated by the Legislature. 3 

Bequests may be received by the University of Georgia 8 

Bills, number of readings necessary before passage 3 

Majority of all members in favor of, necessary to passage 3 

Rejected, not again proposed without consent of two-thirds 3 

Appropriation and Revenue must originate in House 3 

Appropriations, general and special, requisites of 3 

Appropriations, must be passed by yeas and nays 3 

Revision of by Governor. Veto — how over-ruled 5 

(See "Local Bills," also "Acts") 



s. 


p. 


4 


7 


1 


14 


1 


15 


2 


1 


3 


2 


1 


3 


7 


9 


7 


10 


7 


12 


1 


1G 


7 


11 


6 


1 


1 


10 


1 


17 


1 


22 


1 


11 


1 


9 


7 


2 


3 


1 


7 


3 


1 


1 


1 


24 


2 


1 


2 


5 


3 


2 


4 


4 


7 


3 


1 


4 


1 


5 


10 


1 


10 


2 


13 


1 


14 


1 


1 





1 


9 


1 


1 


1 


7 


7 


18 


G 


1 


7 


7 


7 


14 


7 


13 


7 


10 


7 


9 


7 


12 


1 


1G 



CONSTITUTION OF GEOKGIA. 



57 



A. 

Bond required of Secretary of Senate and Clerk of House 3 

Required of Secretary of State, Comptroller-General and Treasurer 5 

Required of Public Printer 7 

Bonded debt not to be increased 7 

Sale of State's property to be applied to 7 

Of county or city, provisions for meeting 7 

Bonds, in cases involving, an interested Judge cannot preside G 

Of State declared void, not to be paid or submitted to suit 7 

Of Western <fc Atlantic Railroad paid by proceeds of Road 7 

Boundaries of counties to remain as now till changed by law 11 

Bribery, conviction of, disqualifies for office or voting 2 

Bridges established by the Courts, not Legislature 3 

Bridges, Ordinaries' j urisdiction in matters of G 

Bridges, taxation by county to keep up 7 

Borrowing money by State, laws for, must specify purpose 7 

Buildings, public, exempt from taxation 7 

Public, tax by county to maintain 7 

Ordinary's jurisdiction 6 

Burial places exempt from tax 7 

o 

Canal Companies may be incorporated by Legislature 3 

Capital, location of, ordinance concerning 12 

Capitol site, for, may be donated to the State 7 

Censure of member of Legislature for misconduct 3 

Certiorari, writs of, may be issued by Judge Superior Court 6 

Challenge of voter, oath to be administered 2 

Conviction of sending or excepting, disqualifies for office 2 

Charitable institutions, public, exempt from taxation 7 

Public, aid from county or city 7 

Charter of Corporations amended on conditions 4 

Chief Justice of Supreme Court presides in impeachment trials. (See 

"Supreme Court,") 3 

Children, legitimatized and names changed by the Courts 3 

Church, not to receive money from the State 1 

Citizens of the State, who are, and right to protection 1 

Of the State, entitled to vote, when , . 2 

City aid by donation, or taking stock, prohibited 7 

Consent, before Street Railroad can be built in 3 

Courts of the State need not be uniform 6 

Court, appeals and new trials, in 6 

Court, errors corrected in Supreme Court G 

Court, Judge may serve in Supreme Court, when 6 

Debt, to be incurred by, limited 7 

Debt, bonded, provisions for meeting 7 

Debt, not to be assumed by State 7 

Debt, to be incurred only by authority of City Government 7 

Public Schools may be maintained by tax 8 

Civil authority superior to the military 1 

Cases, where tried G 



s. 


p. 


8 


1 


2 


G 


17 


1 


12 


1 


13 


1 


7 


2 


2 


3 


11 


1 


13 


1 


1 


1 


2 


1 


7 


18 


6 


2 


G 


2 


4 


1 


2 


2 


G 


2 


G 


2 


2 


2 



7 


18 


1 


8 


6 


1 


7 


1 


4 


5 


1 


2 


4 


2 


2 


2 


6 


1 


2 


3 


5 


4 


7 


18 


1 


14 


1 


25 


1 


2 


6 


1 


7 


20 


9 


1 


4 


6 


2 


5 


5 


1 


7 


1 


7 


2 


8 


1 


10 


1 


4 


1 


1 


19 


16 


6 



58 INDEX TO THE 



C i vil — Continued. 

A. 

Cases, judgment by Court without Jury, when 6 

Cases, Venue, how changed 6 

Jurisdiction of Superior Court G 

Jurisdiction of Justices' Court 6 

Clerical expenses of Treasurer, Secretary of State and Comptroller-General 5 

Clerk of House of Representatives, Compensation and Bond of 3 

Clerks of the Governor 5 

Code, sections not amended or repealed by reference to numbers 3 

Colleges exempt from taxation 7 

For colored pupils 8 

Colored pupils, College for 8 

Colored and white Public Schools to be sepai'ate 8 

Commissioner of Schools, appointment and salai'y of 8 

Commissioners of county affairs, authorized 6 

Commissioners of county affairs, authorized 11 

Committee on Local and Special Bills 3 

Common law Courts may be clothed with equity jurisdiction 6 

Common School system (See "Education.'"* 8 

Commutation power in the Governor 5 

Tax for military service goes to Schools 8 

Companies, incorporation of 3 

Volunteer military, organization of 10 

Compensation for private ways and public use of property 1 

Of Clerk of House and Secretary of Senate 3 

Of Jurors, how fixed 6 

Extra not to be granted officers or contractors 7 

Competition, arrangements by corporations to defeat, void 4 

Comptroller-General must license Life Insurance Companies 3 

Supervise deposits of Life Insurance Companies 3 

Officer of Executive Department 5 

Examination, suspension and discharge of 5 

Election of 5 

Salary and Clerks' hire 5 

Eligibility and Bond of 5 

Perquisites not allowed to 5 

Must report to Governor 7 

Confederate Soldiers to be provided with artificial limbs 7 

Public Debt not to be paid , 7 

Conscience, right of, not to be controlled 1 

Liberty of, does not excuse licentiousness 1 

Consent of parties to vary general law in individual cases 1 

City to building Street Railroads within its limits 3 

Constitutiou of Georgia may be altered or abolished by the people 1 

Authority of 12 

Amendments of 13 

Amendments by Convention 13 

To be submitted to the people 13 

And United States— laws in violation of, void 1 

Of United States, authority of 12 

Constitutional Convention, provisions to call 13 



s. 


p. 


4 


7 


17 


1 


4 


3 


7 


2 


22 


,3,4 


8 


1 


1 


19 


7 


17 


2 


2 


6 


1 


C 


1 


1 


1 


2 


1 


19 


1 


3 


1 


7 


15 


4 


2 


1 


1 


1 


12 


3 


1 


7 


18 


1 


2 


3 


1 


8 


1 


18 


3 


16 


2 


2 


4 


12 


2 


12 


<j 


1 


1 


1 


18 


2 


1 


2 


4 


2 


6 


2 


7 


15 


1 


1 


1 


11 


1 


1 


12 


1 


13 


4 


1 


7 


20 


5 


1 


1 


2 


1 


1 


1 


2 


2 


1 


4 


2 


1 


1 


1 


2 



CONSTITUTION OF GEORGIA. 59 



A. 

Construction of Constitution not to deny rights not enumerated 1 

Contempt, limitation of Courts' power to punish for 1 

Either House of General Assembly may punish for 3 

Contested Election for Governor 5 

Contracts, laws impairing obligation of. void 1 

By Government, releasing power to tax, void 4 

By Government, heretofore made, not impaired 4 

Between corporations, to defeat Competition, void 4 

Judgments on, without verdict when G 

Jurisdiction of Justices' Courts in cases of G 

Contractor not to receive extra compensation from Government 7 

Convention — see "Constitutional Convention" and "Ordinances." 

Conviction, costs not to be exacted of defendant until 1 

Does not work corruption or forfeiture 1 

Of certain offenses disfranchises 2 

Impeachment, vote necessary 3 

Duelling, disqualifies for office 2 

Copartners, suits against where tried 6 

Coroners, County Tax to pay 7 

Corporate Powers, what may be granted by Legislature 3 

Corporators not to be damaged by revocation of charter 1 

Corporations subject to police power and eminent domain 4 

Legislation in favor of, conditional 4 

Acts of, to defeat competition and monopolize, void 4 

Right to tax, not to be released 7 

State not to take stock in, aid or lend credit to 7 

County or City not to take stock in, aid or lend credit to 7 

Donations to, from State prohibited 7 

Authority of rights already accrued to 12 

"Municipal" — see "City." 

Costs not payable by defendant till conviction 1 

In Supreme Court G 

County Commissioners may oe created 4-- 

Debt to be incurred by limited 7 

Debt not to be assumed by State 7 

Debt Bonded, provisions for meeting 7 

Not' to aid or take stock in Corporation 7 

Public Schools may be maintained by 8 

Matters. Ordinary's jurisdiction 6 

Officers, election, term, qualification and removal 11 

Officers and tribunals to be uniform in the State 11 

Is a body Corporate ; suits of and boundaries 11 

New one not to be created 11 

Lines and Site, how changed 11 

Merger of 11 

Special Acts, authority of ; 12 

Corruption of blood not worked by conviction 1 

Courts, power to punish for contempt limited 1 

Power in matters denied to Legislature, ,... 3 

Of the State 6 



1 


20 


7 


2 


1 


6 


o 


2 


1 


1 


2 


G 


2 


4 


4 


7 


7 


2 


1G 


2 


1 


10 


2 


3 


2 


1 


5 


4 


4 


2 


16 


4 


G 


2 


7 


18 


3 


3 


2 


2 


2 


Q 


2 


4 


2 


5 


5 


1 


G 


1 


1G 


1 


1 


5 


1 


10 


21 


1 


19 


1 


3 


1 


7 


1 


8 


1 


7 


2 


G 


1 


4 


1 


G 


2 


2 


1 


3 


1 


1 


1 


1 


2 


1 


3-4 


1 


5 


1 


4 


2 


3 


1 


20 


7 


18 


1 


1 



60 



INDEX TO THE 



Courts — Continued. 

A 

Not mentioned in Constitution, maybe abolished 6 

Of Common Law may be vested with Equity jurisdiction G 

Of same grade throughout State must be uniform 6 

Courts, tax to pay expenses of 7 

Jurisdiction against Homestead, denied 9 

Authority of judgments and decrees of 12 

Existing judgments and decrees of, ratified 12 

See also "Supreme," "Superior," "City," and "Justices" Courts. 

Credit of State not to be pledged to Corporations or persons 7 

Creditors, law to be provided for reaching concealed property of debtor... 1 

Not to be damaged by revocation of Charter. 1 

Crime, conviction in what cases disfranchises 2 

Lobbying declared to be 1 

Criminal Cases, Jury judges of law and fact 1 

Judge may grant new trial on conviction 1 

Jurisdiction of Superior Court 6 

Rights of defendant in 1 

Where tried 6 

Venue when changed 6 



s. 


p. 


20 


1 


4 


2 


9 


1 


6 


2 


2 


1 


1 


5 


1 


G 


5 


1 


2 


G 


3 


3 


2 


1 


2 


5 


2 


1 


2 


1 


4 


1 


1 


5 


1G 


6 


17 


1 



D 



Damages, jurisdiction of Justices' Courts in cases of 6 

Death of Governor, vacancy how filled 5 

Officer, vacancy how filled 5 

Debate, liability of Legislators for words spoken in 3 

Debt, Public, taxation to pay 7 

Public, new debt contracted to pay 7 

Power of State to conti'act, restricted 7 

Of County, taxation to pay 7 

Power of City or County to conti'act, restricted 7 

To be incurred by City only on authority of City Government 7 

Of County or City not to be assumed by State 7 

Void and Confederate, against State not to be paid 7 

Debtor Concealing Property, provisions against 1 

May waive Homestead 9 

May waive Exemptions of the old Code 9 

Decrees of Court, authority and ratification of 12 

Defaulters of public moneys disqualified for Legislature 3 

Defend or prosecute in person or by attorney, right to .1 

Defense under oath not filed; Court to render judgment when 6 

Of State, debts may be contracted for 7 

Deficiency of Revenue in State, supplied by borrowing 7 

Of Revenue in City and County, supplied by borrowing 7 

Deposit requiivd of Insurance Companies 3 

Of public funds, Treasurer to receive no pi'ofit from 5 

Disabilities maybe removed by Governor 5 

Discrimination in Tariff by Railroad, regulated 4 

Disorderly behavior in presence of Legislature punished , 3 



V 


1 


1 


8 


1 


14 


7 


3 


1 


1 


3 


1 


3 


1 


6 


2 


7 


1 


10 


1 


8 


1 


11 


1 


2 


G 


3 


1 


5 


1 


1 


5-6 


4 


7 


1 


4 


4 


7 


3 


1 


3 


1 


7 


1 


12 


— 


2 


5 


1 


12 


2 


1 


7 


1-2 



CONSTITUTION OF GEORGIA. 



61 



A. 

Disqualification to hold office or vote 2 

Religious opinion is not 1 

To hold office iii more than one department 1 

Of illegal holders of public money 2 

Of Duellists 2 

For Legislature and of legislator to other office 3 

Resulting from Impeachment 3 

Of Judge of Supreme Court, who presides 6 

Judge of Superior Court, who presides G 

Judge of Superior Court when there is a City Judge 6 

Of interested Judge in bond cases G 

Districts, Senatorial, number, composition and change of 3 

Divorce, exclusive jurisdiction in Superior Court 6 

First and second verdicts in cases of G 

Suits where tried 6 

Domestic Animals of vicious nature, special tax on 7 

Animals, tax on goes to Educational purposes 8 

Donations by State prohibited 7 

By State to University allowed 8 

Drawer and Acceptor, suits against, where tried 6 

Duelling, conviction of , disqualifies for office 2 

E 

Education, Common School System established 8 

Commissioner of Public Schools 8 

Confined to English in local public schools 7 

Confined to English in State public schools 8 

Poll Tax for purposes 'of 7 

Special Tax for purposes of 8 

Taxation for purposes of, by State 7 

Taxation for purposes of, by City or County 7 

Appropriation for purposes of, by City, or County 7 

Election by the people shall be by ballot 2 

By the Legislature shall be viva voce 3 

Days, furnishing Liquor on prohibited 2 

Privilege of Electors while attending 2 

Precincts changed by Courts not Legislature 3 

Returns, where made 2 

Of members General Assembly 3 

Members General Assembly each House to judge of 3 

Pi'esident of the Senate 3 

Speaker of the House of Representatives 3 

Governor 5 

Governor, returns how made 5 

Returns open and published 5 

Governor by General Assembly 5 

Contested 5 

Special 5 

To fill vacancies in General Assembly 5 

Of Secretary of State, Comptroller _General and Treasurer , 5 



p. 
1 

1.°, 

23 

1 

2 
7 
5 



9 
5 1 

2 3 

2 1-2-3 

4 1 

15 1-2 



1 


1 


2 


1 


6 


2 


1 


1 


2 


3 


3 


1 


1 


1 


6 


2 


6 


1 


1 


1 


10 


1 


5 


1 


3 


1 


7 


18 


G 


1 


1 


2 


7 


1 


5 


2 


6 


2 


1 


3 


1 


4 


1 


5 


1 


5 


1 


G 


1 


9 


1 


13 


2 


1 



62 INDEX TO THE 

Elections — Continued. 

Judges of Supreme Court 

Judges Superior Court 

Judges Supreme, Superior Courts, and Solicitor General 

Justices of the Peace 

Attorney General 

By City or County on creating a new Debt 

City or County on School question 

To change County Site 

Merge one County into another 

Election of County Officers 

On amendments to Constitution 

Ratification of Constitution 

Electors, who shall be so deemed 

Registration of, may be provided for 

Privileges of, while attending elections 

Embezzlement of public funds disfranchises 

Eminent Domain not to be abridged in favor of Corporations 

Encumbrances, Homestead liable for removal of 

Endorsers, suits against, where tried 

Equal Rights not to be infringed by Corporations 

Equity Cases, where tried 

Jurisdiction is in Superior Court 

Jurisdiction may be conferred on Common Law courts 

Errors in Superior and City Courts corrected in Supreme Court 

Of inferior judicatories corrected by Certiorari 

Estate not forfeited by conviction 

Excessive Bail and Fines forbidden.... 

Executive, Legislative and Judicial Departments are distinct 

Department, officers of 

Department, officers of, report, suspension and removal of 

Powers vested in Governor 

Exemptions from Taxation and void Exemptions 

From Levy and Sale 

From Levy and Sale, waiver of 

From Levy and Sale under Debtors' Act not repealed 

From Levy and Sale under Debtors' Act waiver of 

Exhibitions, special tax on, goes to Public Schools 

Expense of Clerks and Seeretaries to Governor 

Of Clerks of Secretary of State, Comptroller General, and Treasurer 

Ex Post Facto Law not to be passed 

Express Companies, chartered by Legislature 

Expulsion of Member of General Assembly for misconduct 

Extra Session of Legislature before November 1st, 1878 

Session of Legislature may be ealled by Governor 

Compensation not to be allowed by Government 

F 

Family, each Head of, entitled to Homestead 

Fees not allowed Officers of Executive Department 

Not allowed Attorney General 



A. 


s. 


p. 


6 


2 


4 


fi 


3 


2 


6 


12 


1 


6 


7 


3 


6 


10 


1 


7 


7 


1 


8 


4 


1 


11 


1 


4 


11 


1 


r> 


11 


2 


l 


13 


1 


l 


13 


2 


l 


2 


1 


2 


2 


2 


1 


2 


3 


1 


2 


2 


1 


4 


2 


2 


9 


2 


1 


(5 


1(> 


5 


4 


2 


1 


6 


16 


3 


6 


4 


1 


6 


4 


2 


a 


2 


5 


6 


4 


5 


i 


2 


3 


l 


1 


9 


i 


1 


23 


5 


1 


1 


5 


1 


18 


r> 


1 


2 


7 


2 2 


-4-5 


<) 


1 


1 


9 


3 


1 


9 


4 


1 


9 


5 


1 


8 


3 


1 


") 


1 


19 


5 


2 2 


-3-4 


1 


3 


2 


3 


7 


18 


3 


7 


1 


3 


4 


3 


5 


1 


13 


7 


16 


2 


9 


1 


1 


5 


2 


7 


6 


13 


1 



CONSTITUTION OF GEORGIA. 



63 



Felony, exclusive jurisdiction in Superior Court 

Females, persons having care of, entitled to Homestead 

Ferries established by Courts not Legislature 

Ordinary's jurisdiction concerning 

Fines imposed must not be excessive 

Imposed on Member of Legislature for misconduct... 

Fire Insurance Companies, deposit required of 

Foreign Power, Governor to receive no Emolument from. . . 
Forfeiture of Estate not brought about by Conviction 

Of Recognizance, relieved against, when 

Of Charter remitted only on Conditions 

Fraud, Legislature may jDrovide Punishment for 

Judgments attacked for 

Free Schools — see "Education" 

Freight on Railroad subject to regulation by law 

Rebate not allowed nor deceit as to amount charged 

Furniture, waiver of Exemption not good against all 

Funds of County, Ordinary's jurisdiction 

Of Public, officers not to profit from use of 

Sinking, provided for 



A. 


s. 


p. 


« 


4 


1 





1 


1 


3 


7 


18 


(> 


6 


2 


1 


1 


9 


3 


7 


1 


3 


12 


4 


5 


1 


2 


1 


2 


3 


3 


7 


19 


4 


2 


3 


1 


2 


6 


12 


1 


5 


8 


1 


1 


4 


2 


1 


4 


2 


."> 


9 


3 


1 


6 


6 


2 


7 


9 


1 


7 


14 


1 



G 

General Assembly- — 

Consisting of Senate and House, is the Legislative power 3 

Members of, elected for two years 3 

Election, when held 3 

Election returns, where made 2 

Attendance of, required 3 

Oath of 3 

Who are disqualified to be 3 

Disqualified for certain other offices 3 

Not to profit from use of public funds 7 

Not to be interested in public printing 7 

Seats of, vacated by removal 3 

Punished for misconduct in each House 3 

Privileges of 3 

Per diem and mileage of 3 

Majority of all, necessary to passage of bill 3 

Officers of, who are 3 

Quorum of, to transact business 3 

Adjournment by less than a quorum 3 

Adjournment for more than three days, &c 3 

Elections by shall be viva voce 3 

Of Judges of Supreme Court, by, (1 st election) 6 

Of Judges of Superior Court, by, (1 st election) 6 

Of Judges of Supreme and Superior Courts, & Solicitors-General 6 

Of Governor by, when 5 

Of Governor, contested, determined by 5 

May pardon, commute or reprieve for treason ' 5 



1 


1 


4 


1 


4 


>> 


6 


1 


4 


4 


4 


5 


4 


7 


4 


7 


9 


1 


17 


1 


4 


8 


7 


1 


7 


3 


!) 


1 


7 


14 


8 


1 


4 


4 


4 


4 


7 


24 


10 


1 


2 


4 


3 


2 


12 


1 


1 


5 


1 


6 


1 


12 



64: INDEX TO THE 



General Assembly — Continued. 

A. 

May direct affixing of the Great Seal 5 

Sessions of, are Biennial 3 

Of, limited to -10 days, unless prolonged by a two-thirds vote... 3 

Of, extra, may be called by Governor 5 

Of, joint, held in Representative Hall 3 

Each House of, may compel attendance of members 3 

Is judge of election and qualification of its members 3 

May punish for misconduct 3 

Must keep a Journal 3 

Has general power of legislation 3 

HAS POWER BY LAW TO 

Provide punishment for fraud 1 

For registration of voters 2 

For removal of Secre'ry of State, Coraptr'r Gen'l and Treasurer 5 

For appeal s in Superior and City Courts 6 

For appointment of Jn dge pro hat: vice 

Commissioners for County affairs (J 

For organizing the Militia 10 

Prescribe manner of bearing arms 1 

Number of Jurors in Inferior Courts 6 

Who shall vote on School questions 8 

Change Senatorial Districts when 3 

Apportionment of Representatives 3 

Governor's Salary by two-thirds vote 5 

Salaries of Judges, Attorneys and Solicitors-General 6 

Substitute another officer for School Commissioner 8 

Establish Courts 6 

Abolish Courts not named in Constitution (> 

Confer Equity jiirisdiction on Common Law Courts 6 

Authorize formation of Volunteer Companies 10 

Require Fire Insurance Companies to make deposits 3 

Subject corporate property to public use, when 4 

Sell State's property 7 

Make donations to University of Georgia 8 

Make donations to College for colored people 8 

Amend Constitution in manner provided 13 

Call Constitutional Convention as provided 13 

SHALL BY LAW 

Limit power of Courts to punish for Contempt : 1 

Protect citizens in their rights 1 

Provide penalty against Lotteiy Agents 1 

Provide penalty against Lobbying 1 2 ."> 

Prohibit furnishing Liquor on election days 2 5 1 

Provide penalty against Treasurer receiving unlawful fee 5 2 5 

Provide for reaching concealed property of Debtor 1 2 (J 

Compel Insurance Companies to report to Governor 3 12 5 

Regulate Freight and Passenger tariff 4 2 1 

Enforce provisions against monopolies, &c 4 2 7 

Establish uniformity in local tribunals 6 9 1 



s. 


P. 


3 


1 


4 


3 


4 


<; 


1 


13 


10 


l 


1 


4 


7 


1 


7 


1-2 


7 


4 


7 


22 


>> 


6 


9 


1 


1 


18 


4 


(> 


4 


9 


19 


1 


1 


1 


1 


22 


18 


1 


4 


1 


2 


3 


3 


2 


1 


2 


13 


2 


2 


1 


1 


1 


20 


1 


4 


2 


1 


2 


12 


4 


2 


2 


13 


1 


6 


1 


6 


1 


1 


1 


1 


2 


1 


20 


1 


2:> 


2 


4 



CONSTITUTION OF GEORGIA. 65 



General Assembly — Continued. 

A. 

Provide for selection and compensation of Jurors 6 

A Sinking Fund 7 

For letting Public Printing to highest bidder 7 

Settiug apart and valuation of Homestead 9 

For appeals in Superior and City Coxvrts G 

SHALL NOT PASS ANY LAW 

To restrain or curtail liberty of speech or press 1 

Respecting soeial status of citizens 1 

Of Attainder, ex post facto, impairing contracts 1 

Making irrevocable grants of special privileges 1 

To revoke grants to injury of creditors or corporators 1 

Of special nature, when general law provides 1 

Varying general law affecting private rights without consent 1 

In violation of Constitution of Georgia or the United States 1 

Referring to more than one matter or different from title 3 

Incorporating companies except of class named 3 

Relieving against Recognizances, except as stated 3 

Authorizing Street Railroad in city without city's consent 3 

For benefit of particular corporations, except on conditions 4 

Authorizing one corporation to buy stock in another 4 

County or City to aid persons or Corporations 7 

Payment of void bonds or Confederate debts 7 

Granting donation or gratuity to persons or Corporations 7 

Extra compensation to officers or contractors 7 

(See "Tax") 

God may be worshipped according to dictates of conscience 1 

Governor, an officer of the Executive Department 5 

Executive powers vested in 5 

Salary, term, and limitation of terms of office 5 

Election, installation and terms of election of 5 

Of, by the Legislature, when 5 

Qualification and oath of 5 

Death, resignation or disability of 5 

Secretaries and Clerks of 5 

Is Commander of the Army and Conservator of the Peace 5 

May adjourn the Legislature when 3 

Call Extra Session of Legislature 5 

Direct affixing of the Great Seal 5 

Pardon, reprieve, commute and remit penalties o 

Remove disabilities , 5 

With the Treasurer, loan the Sinking Fund 7 

Require services of Attorney General 6 

Shall order elections to fill vacancies in Legislature 5 

Fill vacancies in other offices 5 

Offices of Judges and Solicitors General 6 

Appoint State School Commissioner 8 

Judge to preside in Supreme Court, when 6 

Commission Notaries Public ex officio Justices of Peace 6 

Examine and publish Report of Comptroller and Treasurer 7 

Proclaim result of Election on Constitution 13 

5 



s. 


p. 


18 


2 3 


14 


1 


17 


1 


1 


1 


4 


6 


1 


15 


1 


18 


3 


2 


3 


2 


3 


3 


4 


1 


1 


1 


4 


2 


7 


s 


7 


18 


7 


1!) 


7 


20 


2 


3 


2 


1 





1 


11 


1 


16 


1 


16 


2 


1 


12 


1 


1 


1 


2 


1 


2 


1 


3-4 


1 


5 


i : 


r-io 


i 


8 


i 


1!) 


1 11-12 


7 


24 


1 


13 


3 


1 


1 


12 


1 


12 


14 


1 


10 


2 


1 


13 


1 


14 


12 


1 


2 


1 


2 


2 


8 


1 


15 


1 


2 


2 



m INDEX TO THE 



S. 


p. 


4 


7 


1 


15 


1 


17 


1 


18 


1 


1-2 


5 


1 


1 


23 


1 


1 


1 


1 


3 


2 


3 


3 


3 


1 


1 


1 



Governor — Continued. 

A. 

Cannot appoint member of Legislature to office 3 

A person rejected by Senate, when 5 

Has revision of bills and resolutions of Legislature 5 

Supervision over Executive officers 5 

Government originates with people; duty of 1 

Exclusive right of the people to regulate 1 

Legislative, Executive and Judicial Departments, distinct 1 

Support of , by taxation 7 

Grants limiting power to tax, void 4 

Irrevocable, of special privileges void 1 

Not to be revoked so as to work injustice 1 

Great Seal of the State, use and device of 5 

Guardian of minors entitled to Homestead 9 

H 

Habeas Corpus, Writ shall not be suspended 1 

Head of Family entitled to Homestead 9 

Homestead and Exemption, to whom allowed and amount of 9 

Not subject to levy and sale 9 

Waiver and sale of 9 

Setting apart of, to be provided for 9 

Supplemental 9 

Already allowed, good against old debts 9 

Ordinance, effect of 12 

Of 1868, sales of, confirmed 9 

Of 1868, sales and re-investments of 9 

Under "Debtors Act" not repealed 9 

Under "Debtors Act," Waiver of 9 

House, secure from search, except as provided 1 

Soldiers not to be quartered in, except as provided 1 

Of Representatives — (see "Representatives.") 

Household furniture, waiver of exemption on 9 

Husband's debts, wife's property not liable for 3 



Idiots, disqualified to vote or hold office 2 2 1 

Immunities, special, not to be irrevocably granted 13 2 

Not to be revoked so as to woi'k injustice 13 3 

Impeachment, power in House of Representatives 3 6 3 

Power to try — in the Senate 3 5 3 

Chief Justice to preside at trial of 3 5 4 

Vote necessary to convict 3 5 4 

Effect of conviction 3 5 5 

Governor cannot pardon, in case of 5 1 12 

Imprisonment, abuse under, forbidden 119 

For debt, prohibited 1 1 21 

For misbehavior, in presence of Legislature 3 7 1-2 



1 


11 


1 


1 


1 


1 


2 


1 


3 


1 


4 


1 


6 


1 


7 


1 


1 


8 


8 


1 


9 


1 


4 


1 


5 


1 


1 


16 


1 


19 


3 


1 


LI 


1 



CONSTITUTION OF GEORGIA. 



67 



Improvement on Homestead is part of !> 

Indictment, copy to be furnished defendant on demand 1 

Inferior Judicatories, errors of corrected by Certiorari <> 

Infirm persons entitled to Homestead '•> 

Inherent rights not enumerated and not denied 1 

Insane persons not entitled to vote or hold office 2 

Inspection, by Governor, of Executive Offices 5 

Installation of Governor 5 

Insurance Department, expense of <•> 

Companies to make reports to Governor 3 

Chartered by Legislature 3 

(Fire) deposit made with Treasurer 3 

(Foreign and Home Life) deposits required 3 

(Foreign Life) Comptroller-General to license 3 

Interest on Public Debt, taxation authorized to pay 7 

Intoxicating drinks not to be furnished on election days 2 

Insurrection and invasion, in time of, Bills may pass summarily 3 

Tax to suppress 7 

Bonded debt incurred, to suppress 7 

Debts contracted, to suppress 7 

Contracted by city or county, to suppress, assumed by State 7 

Invasion (see "Insurrection") 

Investment of fimds raised by sale of homestead 9 

Irrevocable grants of special privileges, void 1 

J 

Jeopardy more than once for same offense prohibited 1 

Joint obligors, suit against, where tried 6 

Owner in property, State shall not become 7 

Journal, each House of General Assembly shall keep 3 

Original preserved in office of Secretary of State 3 

Yeas and nays to be recorded in, at request of one-fifth 3 

Yeas and nays to be recorded in, when two-third vote is required ... 3 

Must show majority of all members voted for bills passed 3 

Must contain proposed amendments to Constitution 13 

Of House must contain vote of elections by Legislature 3 

Judge disqualified to preside in bond cases if interested in the bonds 6 

Pro hac vice, Legislature may authorize 6 

May grant new trials in cases of conviction 1 

(See "Supreme," "Superior" and "City Courts.") 

Judicial, Legislative and Executive Departments, distinct 1 

Powers of the State, where vested 6 

Judiciary to declare unconstitutional acts void 1 

Judgment of Impeachment, extent of 3 

Of Supreme Court, maybe withheld one term 6 

Without verdict of Jury, when 6 

Of Courts, authority of 12 

Heretofore rendered ratified 12 

Jurisdiction of Supreme Court 6 

Of Superior Court 6 



1 


5 


4 


5 


1 


1 


.-> 


2 


2 


1 


1 


18 


1 


3 


2 


1 


12 


5 


7 


18 


12 


4 


12 


1-3 


12 


2 


1 


1 


5 


1 


7 


7 


1 


1 


12 


L 


o 


1 


8 


I 


3 


1 




2 



1 


8 


16 


4 


5 


1 


7 


4 


7 


5 


7 


6 


7 


21 


7 


14 


1 


1 


10 


1 


2 


3 


4 


!) 


2 


1 


1 


23 


1 


1 


4 


2 


5 


5 


2 


7 


4 


7 


1 


5 


1 


6 


2 


5 


4 


1 



INDEX TO THE 



s. 


p. 


4 


4 


6 


1 


6 


2 


7 


2 


2 


1 


1 


5 


18 


1 


2 


1 


4 


6 


7 


2 


8 


1 


18 


2 


18 


3 


6 


2 


4 


7 


1 


1 


7 


3 


7 


1 


7 


2 


8 


1 



J urisdiction — Contiuued. 

A. 

Of Superior Court, appellate 6 

Of Ordinary 6 

Of Ordinary County matters 6 

Of Justices of the Peace 6 

Against homesteads denied 9 

Jury, right of trial by an impartial 1 

Eight of trial by guaranteed 6 

Judges of law and fact in criminal cases 1 

Appeal from one to another in Superior and City Courts 6 

From Justice of the Peace to 6 

Grand, to recommend Commissioned Notary for appointment 6 

Grand and Traverse, selection and tpialification of 6 

Compensation of, how fixed t> 

Tax by, county to pay 7 

Justice of the Peace may be member of Legislature 3 

Part of Judiciary 6 

Election, Commission and Removal of 6 

Term of 6 

Jurisdiction, Sessions and Appeals 6 

Ex Officio 6 

Kitchen furniture, waiver of exemption of 9 

L 

Labor done on Homestead, Homestead is liable for 9 

Land, cases involving title to, brought in Superior Court 6 

Cases involving title to, tried at what place 6 

Homestead and Exemption on 9 

jarceny, conviction of disfranchises 2 

aw, due process of required to affect rights of persons 1 

^aws of general nature must have uniform operation 1 

Of general nature affecting private rights, how varied 1 

Unconstitutional are void 1 

For more than one matter or different from title, void 3 

Majority vote of all members necessary to pass 3 

For tax, shall be general 7 

Not repealed or amended by reference to title alone 3 

For borrowing money must be specific 7 

To change County lines must be a general law 11 

Of general operation 12 

Of United States, authority of 12 

Of Georgia, authority of 12 

Local and Special, authority of 12 

(See "Local," also "General Assembly.") 

Learning, Seminaries of, exempt from taxation 7 

Legislative power is in General Assembly 3 

Executive and Judicial Departments distinct 1 

Legislature — (see "General Assembly.") 



2 


1 


4 


1 


16 


2 


1 


1 


2 


1 


1 


3 


4 


1 


4 


1 


4 


2 


7 


8 


7 


14 


2 


1 


7 


17 


4 


1 


1 


3 


1 


1 


1 


3 


1 


4 


2 


2 


1 


1 


1 


23 



CONSTITUTION OF GEORGIA. 69 



A. 

Legitimate Children, power in Courts 3 

Levy and Sale, exemptions from 9 

Libels, in prosecutions for, truth may be given in evidence 1 

Liberty, person to be deprived of, only by due process of law 1 

Not to be jeopardized but once for same offense 1 

Of Conscience, not to be controlled 1 

Of speech or press, not to be curtailed 1 

Libraries, Public, maybe exempt from taxation 7 

Licentiousness not excused on account of liberty of Conscience 1 

Life, person not to be deprived of, but by due process of law 1 

Not to be jeopardized but once for same offense 1 

Crimes involving, jurisdiction in Superior Court G 

(See "Insurance.") 

Lines of County to be changed under operation of general law 11 

Liquor, special tax on for Educational purposes 8 

Not to be furnished on Election days 2 

List of witnesses to be furnished defendant on demand 1 

Litigation, tax by County to pay expenses of 7 

Literary Associations may be exempt from taxation 7 

Loans to State for casual deficiencies of revenue 7 

County or City for casual deficiencies of revenue 7 

Of Sinking Fund by Governor and Treasurer 7 

Lobbying is a crime ; Legislature must provide a penalty 1 

Local or Special bills must originate in the House 3 

Committee on, proposal and consolidation of 3 

Publication of before passed 3 

Acts, authority of 12 

School Systems existing, not affected hereby 8 

Lottery Tickets, sale of prohibited 1 



M 

Macon and Brunswick Railroad if sold, proceeds where applied 7 

Majority of each branch of Legislature constitute quorum 3 

Of all members of each House necessary to pass bill 3 

Malfeasance in office disfranchises 2 

Malpractice in office by Justice of the Peace, removal for .. G 

Mandamus issued by Judge of Superior Court 6 

Marriage does not divest wife of her property 3 

Material furnished Homestead, it is liable for 9 

Matter different from title not to be contained in bill 3 

Members of General Assembly — (see "General Assembly.") 

Merger of counties 11 

Message of Governor 5 

Mileage of members of the General Assembly 3 

Military authority subordinate to Civil 1 

Commission, except in Militia, disqualifies for Legislature 3 

Service, commutation for, goes to Public Schools 8 

Companies, Volunteer organizations 10 

Companies, Volunteer, paid only when called by State 10 



s. 


p. 


7 


18 


1 


1 


2 


1 


1 


3 


1 


8 


1 


12 


1 


15 


2 


2 


1 


13 


1 


3 


1 


8 


4 


1 


1 


O 


3 


1 


5 


1 


1 


5 


G 


2 


2 


2 


3 


1 


7 


1 


4 


1 


2 


5 


7 


15 


7 


15 


7 


16 


1 


4 


5 


I 


2 


4 



L3 


1 


4 


4 


7 


14 


2 


1 


7 


3 


4 


5 


LI 


1 


2 


1 


7 


8 


1 


5 


1 


13 


9 


1 


1 


19 


4 


7 


3 


1 


1 


2 


1 


3 



INDEX TO THE 



A. S. 

Militia, officers may be members of Legislature 3 4 

Governor is Commander-in-Chief of 5 1 

District, one Justice of the Peace for each 6 7 

District, one commissioned Notary for each 6 8 

Organization of, may be provided for 10 1 

Paid only when called out by State 10 1 

Minors, family of, entitled to Homestead 9 1 

Ministerial officer not to levy on Homestead 9 2 

Misconduct of member of Legislature, how punished 3 7 

Mis-trial in criminal cases authorizes a second trial 1 1 

Money not to be donated by State to any church, &c 1 1 

Illegal holders of public, disqualified for office 2 4 

Public, defaulters of, disqualified for Legislature 3 4 

Authority and manner of drawing from Treasury 3 7 

Borrowed by State, laws for and use of 7 4 

Monopoly, provisions against 4 2 

Municipal Corporation, (See "City.") 

N" 

Names of children changed by Courts 3 

Navigation Companies chartered by Legislature 3 

Navy of State, Governor is Commander of 5 

New trial in criminal cases authorizes second trial 1 

In criminal cases may be granted on conviction 1 

May be granted by Superior and City Court 6 

Counties not to be formed 11 

Notaries Public, commissioned, part of Judiciary 6 

Appointment, commission and powers '. 6 

Novation of charter, what shall so operate 4 

O 

Oath of voter, if challenged 2 

Of member of General Assembly 3 

Of Governor r> 

To pleas 6 

Obligation of contracts not to be impaired bylaw 1 

Of contracts heretofore made by State, binding 4 

Office, illegal holders of public money ineligible for 2 

Who may not hold 2 

Impeachment removes from and disqualifies for 3 

Profiting from use of public money disqualifies for 7 

Conviction of Duelling disqualifies for 2 

Religious opinion does not disqualify for 1 

In gift of Governor or Legislature, legislator disqualified for 3 

Malfeasance in, disfranchises 2 

Officers are trustees of the people and amenable to them 1 

Of one department disqualified to act in another 1 

Returns of election of, where made 2 

Of State or the United States, disqualified for Legislature 3 



7 


18 


7 


18 


1 


11 


1 


8 


2 


1 


4 


6 


1 


2 


1 


1 


8 


1 


2 


3 



1 


2 


4 


5 


1 


10 


4 


7 


3 


2 


2 


G 


4 


1 


2 


1 


r> 


5 


9 


1 


4 


2 


1 


13 


4 


7 


2 


1 


1 


1 


1 


23 


6 


1 


4 


7 



CONSTITUTION OF GEORGIA. 



71 



Officers — Continued. 

a. s. p. 

Of Militia or Justice of the Peace may be legislator 3 4 7 

Of General Assembly, who are 3 8 1 

Of Executive Department, who are 5 11 

Of Executive Department, report, suspension and removal of 5 1 18 

Profiting from use of public fund punishable 7 9 1 

Extra compensation to, after service, prohibited 7 lfi 2 

Not to be interested in Public Printing 7 17 1 

Not to levy on Homestead 9 2 1 

Of County, election, removal and qualification of 11 2 1 

Of County to be uniform, except Commissioners 11 3 1 

Now existing, to continue till successor qualified 12 1 7 

Order passed by Legislature must have Governor's approval 5 1 17 

Ordinances rejected not to be again proposed unless by two-thirds vote. ... 3 7 13 

Must have but one subject matter and same as title 3 7 8 

Of the Convention, authority of 12 1 3 

Of the Convention, to have effect of laws 12 1 8 

(See Ordinances in Appendix.) 

Ordinary, Courts of, part of Judiciary 6 11 

Courts of, jurisdiction of 6 6 1 

Term of office 6 6 3 

Origin of Government is with the people Ill 

Papers secure from search and seizure, except as provided 1 1 16 

Pardon removes political disabilities of convict 2 2 1 

Of Duellists, removes political disabilities of convict 2 4 2 

Power in Governor, must report to the Legislature 5 1 12 

Passage of Bills, readings necessary 3 7 7 

Of Bills, majority of all members necessary 3 7 14 

Passenger Tariff— restriction on 4 2 1-5 

Paupers, jurisdiction of Ordinary 6 6 2 

Affidavit relieves from costs in Supreme Court 6 21 1 

Tax for support of 7 6 2 

Pay, (See "Compensation," "Salary,"; 

Peace soldiers not to be quartered in houses in time of 1 1 19 

Governor is conservator of 5 1 12 

Penitentiary, crimes punishable in, to be tried in Superior Court 6 4 1 

Per diem of members of the Legislature 3 9 1 

Perquisites not allowed officers Executive Department 5 2 7 

Not allowed Attorney-General 6 13 1 

From use of public funds by officers, punishable 7 9 1 

Persons and property to be protected by Government 1 l 2 

Not to be molested for religious opinions 1 1 13 

Bights not to be affected, but by due process of law 1 1 3 

May prosecute or defend in person or by attorney 114 

Charged with offenses, rights of 115 

Life or Liberty not to be jeopardized but once for same crime 118 

Houses and papers secure from illegal search 1 1 16 

Personalty, amount of exemption of, from levy and sale 9 11 



72 INDEX TO THE 



A. 

Petition and remonstrance, right of guaranteed 1 

Pleas under oath in certain cases required 6 

Police of the State, right of people to regulate 1 

Power not abridged in favor of corporations 4 

Policy holders in Life Insurance Companies protected 3 

Poll tax not to exceed one doUar 7 

Goes to educational purposes 8 

Practice in courts of same grade to be uniform 6 

Precincts for elections, how changed 3 

President of Senate, elected by Senate viva voce 3 

Must sign acts 3 

Per diem 3 

Presides in joint session 3 

Acts as Governor, when 5 

Press, liberty of, not to be curtailed 1 

Printing, public, to be let to lowest bidder 7 

Prisoners not to be abused 1 

Tax for support of, by counties 7 

Private ways to be allowed only on compensation paid 1 

Acts, authority of 12 

Rights accrued by law, authority of 12 

Priviliges, special, not to be irrevocably granted 1 

Special, not be revoked so as to do injustice 1 

Probate, jurisdiction in Ordinary 6 

Proceedings of Legislature to be kept in journals 3 

Of courts of same grade to be uniform 6 

Process of law necessary to affect persons in their rights 1 

Proclamation of Governor calling extra session 5 

Of Governor on ratification of Constitution 13 

Prohibition, writs of issued by Judge of Superior Court 6 

Prolongation of Legislative session by two-third vote 3 

Resolution not submitted to Governor 3 

Promissory notes, suits on, where tried 6 

Property of person not to be molested for religious opinions 1 

Protection to, shall be impartial and complete 1 

Not taken for public use without compensation 1 

Concealed by debtor, to be reached by law 1 

Of wife, not subject to husband's debts 3 

List of, exempt from tax 7 

Amount of , exempt from levy and sale 9 

Protection to person and property paramount duty of Government 1 

Prosecution, rights of defendants in cases of 1 

Provision, waiver of exemption of, restricted 9 

Public Funds, embezzlement of, disfranchises 2 

Officer not to receive profit from use of 7 

Treasurer not to receive profit from use of 5 

(See "Money,") 

Public use of private property without compensation prohibited 1 

Buildings, jurisdiction of Ordinary 6 

Buildings, tax by county, for, authorized 7 

Debt and institutions, tax for 7 



s. 


p. 


1 


24 


4 


7 


5 


1 


2 


2 


12 


1-3 


2 


3 


3 


1 


9 


1 


7 


18 


5 


2 


7 


13 


9 


1 


10 


1 


1 


8 


1 


15 


17 


1 


1 


9 


6 


2 


3 


1 


1 


4 


1 


5 


3 


2 


3 


3 


6 


1 


7 


4 


9 


1 


1 


3 


1 


13 


2 


2 


4 


5 


4 


G 


7 


23 


16 


5 


1 


13 


1 


2 


3 


1 


2 


C 


11 


1 


2 


2 


1 


1 


1 


2 


1 


5 


3 


1 


2 


1 


9 


1 


2 


5 


3 


1 


6 


2 


6 


2 


1 


1 



s. 


p. 


2 


2 


17 


1 


17 


1 


1 


1 


1 


15 


7 


4 


7 


11 


7 


15 


15 


1 


1 


1 


1 


7 


1 


20 


1 


9 


14 


1 


2 


1 


8 


1 



CONSTITUTION OF GEOEGIA. 73 

Public — Continued. 

A. 

Property, charitable institutions and libraries exempt from tax 7 

Printing, let to lowest bidder 7 

Printing, officers of Government not to be interested in 7 

School system, (See "Education,") 8 

Publication of one's sentiments, right of not to be curtailed 1 

Journal of General Assembly 3 

Receipts and disbursements of Treasury 3 

Intention to introduce Local Bills „... 3 

Reports of Secretary of State, Comptroller and Treasurer 7 

Proposed amendment to Constitution 13 

Punishment for crime by whipping or banishment prohibited 1 

For contempt by Courts limited 1 

Not to be cruel or unusual 1 

Purchase of State Bonds with sinking fund 7 

Money, homestead liable for t 9 

Purchasers of old homestead, how affected 9 

Q 

Qualification for Governor 5 17 

For Senator 3 5 1 

For Representative 3 6 1 

Each House to judge of, as to its own members 3 7 1 

Of Secretary of State, Comptroller and Treasurer 5 2 6 

Judges of Supreme and Superior Courts, Solicitpr, Attorney General 6 14 1 

County officers 11 2 1 

Quarantine, tax by county for expenses of 7 6 2 

Quorum of each branch of Legislature is a majority 3 4 4 

Of Supreme Court 6 2 1 

R 

Railroad may be incorporated by Legislature 3 

Freights and Tariff subject to legislation 4 

May build branch roads free from conditions of 4 

Shall not deceive public as to rates 4 

(See "Corporations.") 

Railway, Street, not to run in City without its consent 3 

Rates of freight and passage subject to legislation 4 

Public not to be deceived as to amount charged 4 

Realty, Homestead of 9 

Rebate of rates charged by Railroad, not allowed 4 

Recognizance, when Legislature may relieve from forfeiture of 3 

Re-election, Governor not eligible for four years after two terms 5 

Registration of Electors may be required by law 2 

Rejection of nomination by Senate, effect of 5 

Of bill by Legislature, effect of 3 

Religious opinion ; civil and political rights not affected by 1 

Denomination not to receive money from State 1 

Worship, places of, may be exempt from tax 7 



7 


18 


2 


1 


2 


3 


2 


5 


7 


20 


2 


1 


2 


5 


1 


1 


2 


5 


7 


19 


1 


2 


2 


1 


1 


15 


7 


13 


1 


13 


1 


14 


2 


2 



74 INDEX TO THE 



A. 

Remittance of sentence in power of Governor 5 

Of forfeited Charter, only on conditions 4 

Remonstrance and Petition, right of guaranteed 1 

Removal of legislator from district vacates his seat 3 

Of disabilities, in power of Governor 5 

Of Secretary of State, Comptroller and Treasurer 5 

Of Justice of the Peace for malpractice 6 

Of County Officers 11 

From office, effect of Impeachment 3 

Repealing law, form of 3 

Reports of Insurance Companies to the Governor 3 

Of Treasurer and Comptroller to the Governor 7 

Repi'esentatives, election and term of 3 

Qualification of 3 

House of, part of General Assembly 3 

Number and Apportionment of members of 3 

Apportionment, how changed 3 

Representatives, House of, Speaker of how elected 3 

Clerk of, compensation and bond of 3 

Impeaching power vested in 3 

Local and Special bills must originate in 3 

Appropriation and Revenue bills must originate in 3 

Journal of — (see "Journal.") 

Representation of Constitutional Convention, apportionment of 13 

Reprieve, in power of Governor 5 

Residence requisite to vote 2 

Resignation of Governor, who acts in case of 5 

Resolutions of Appropriation must be passed by yeas and nays 3 

Requiring Governors approval 5 

Requiring a two-thirds vote, yeas and nays must be recorded 3 

Having effect of law, result of rejection 3 

Retroactive legislation prohibited 1 

Returns of election of Legislators, each House to judge for itself 3 

To whom made 9 

Of Governor, how made 5 

Of Governor, how published 5 

Of Secretary of State, Comptroller and Treasurer 5 

On Ratification of Constitution 13 

Revenue Bills must originate in House of Representatives 3 

Deficiencies of in State supplied by loans 7 

Deficiencies of in County or City 7 

And roads, County Commissioners for H 

Rights not enumerated are not denied 1 

Roads, jurisdiction in Ordinary g 

Tax for keeping up, by County 7 

And revenue, County Commissioners for H 



s. 


p. 


1 


12 


2 


3 


1 


21 


4 


8 


1 


12 


1 


18 


7 


3 


9 


1 


5 


5 


7 


17 


12 


5 


15 


1 


I 


1-2 


6 


1 


1 


1 


3 


1 


3 


2 


6 


2 


8 


1 


6 


3 


7 


15 


7 


10 


1 


2 


1 


12 


1 


2 


1 


8 


7 


12 


1 


17 


7 


21 


7 


13 


3 


2 


7 


1 


6 


1 


1 


4 


1 


5 


2 


1 


2 


2 


7 


10 


3 


1 


7 


1 


3 


1 


5 


2 


6 


1 


G 


2 


3 


1 



CONSTITUTION OF GEORGIA. 



75 



A. S. P. 

Sailor in U. S. Service not entitled to vote because stationed here 2 12 

Salary of Governor 5 12 

Of Treasurer, Secretary of State and Comptroller 5 2 2-3-4 

Of Judges of Supreme and Superior Courts, Attorney and Solicitor 

General G 13 1 

Of Judges of Supreme and Superior Courts, how changed 6 13 2 

Of State School Commissioner 8 2 1 

Sale of State's property, proceeds to go to public debt 7 13 1 

Exemptions from 9 11 

Of homestead, how affected 9 3 1 

Of old homestead, how affected 9 9 1 

Of old homestead, heretofore made, ratified 9 8 1 

Savannah, errors of City Court of, corrected in Supreme Court 6 2 5 

Scire facias, writ of, issued by Judge Superior Court 6 4 5 

Schools, Public, how established by city or county 8 4 1 

Public, existing local system not affected 8 5 1 

Not public, may share school fund when 8 5 1 

(See "Education.") 

Seal, Great, use and design of 5 3 1 

Search of persons, houses and papers, warrant for 1 1 16 

Seconds in Duel, on conviction, disqualified for office 2 4 2 

Secretary of State, returns of elections to be made to 2 6 1 

Officer of Executive Department 5 11 

Election of 5 2 1 

Salary and Clerk, hire of 5 2 3 

Eligibility and Bond of 5 2 6 

Perquisites to, forbidden 5 2 7 

Is keeper of Great Seal 5 3 1 

Senate, compensation and bond of 3 8 1 

Governor, compensation of 5.1 19 

Securities on forfeited recognizance, when relieved 3 7 19 

Seizure of persons and papers, provisions against 1 1 16 

Seminaries of learning may be exempt from tax 7 2 2 

Senate is a branch of General Assembly 3 11 

Consists of 44 members 3 2 1 

May propose amendments to appropriation and revenue bills.... i.... 3 7 10 

Impeachments, to be tried before 3 5 3 

Senate, nomination rejected by, effect of 5 1 15 

President and Secretary of, (see "President" and "Secretary.") 

Senatorial Districts, number, composition and change of 3 2 1-2-3 

Senators, number not to be increased 3 2 3 

Election and term of 3 4 1-2 

Qualification of 3 5 1 

Sentence commuted or remitted by Governor 5 1 12 

Servitude, involuntary, except as punishment for crime, prohibited 1 1 17 

Sessions of General Assembly, (see "General Assembly") 

Of Supreme Court 6 2 5 

Of Superior Court 6 4 8 

Of Justice's Court 6 7 2 

Setting aside homestead, laws to be provided for 9 4 1 



76 INDEX TO THE 



A. 

Shares in one corporation not to be bought by another, to monopolize 4 

Shows, special tax on goes to educational purposes 8 

Sinking fund provided for 7 

Site of county, how changed 11 

Slavery forbidden 1 

Social status of citizen not subject of legislation 1 

Soldiers not to be quartered in private houses, except when 1 

Of U. S., not to vote on account of being stationed here 2 

Artificial limbs for maimed Confederates 7 

Solicitor-General, term of office and dxities of 6 

Election by the Legislature 6 

Salary of 6 

Qualification of ; 6 

Speaker of House of Kepresentatives, how elected 3 

Must sign acts 3 

Per diem of 3 

Acts as Governor, when 5 

Special law not to be enacted, when provision is made by general law 1 

Changing general law in particular cases, how passed ; 1 

For benefit of corporation, conditional 4 

Election of Governor 5 

(See Local,") 

Speech, liberty of, not to be curtailed 1 

State aid to corporations or persons, in any manner, prohibited 7 

State aid by donation, prohibited 7 

To religious denomination prohibited 1 

Printer, office abolished 7 

Statement of Treasurer to be published 3 

Stockholder in corporation, State, county or city not to be 7 

Street railroad not to run in city without consent of authorities 3 

Suits may be brought by or against counties 11 

Against State to test void or Confederate bonds prohibited 7 

i^See '"Venue.") 

Superior Court is part of Judiciary 6 

Jurisdiction of (exclusive) 6 

Jurisdiction of, general and appellate 6 

Jurisdiction of, to issue extra writs 6 

Appeal and new trials in 6 

Appeal from Ordinary to 6 

Appeal from Justices' to 6 

Sessions of 6 

Judge, one for each circuit and term of '. 6 

Election of 6 

Salary and qualification of 6 

May change venue, when 6 

May preside in Supreme Court, when 6 

May preside in City Court, when 6 

Appoints Notary Public, ex officio Justice of the Peace 6 

Sanctions sale of Homesteads 9 

Supplemental Homestead, laws to be provided for 9 



s. 


p. 


2 


4 


3 


1 


14 


1 


1 


4 


1 


17 


1 


18 


1 


19 


1 


2 


1 


1 


11 


1-2 


12 


1 


13 


1 


14 


1 


6 


2 


7 


13 


9 


1 


1 


8 


4 


1 


4 


1 


2 


3 


1 


9 


1 


15 


5 




16 




1 


14 


17 




7 


11 


5-6 




7 


20 


1 




11 




1 




4 




4 


3-4 


4 


5 


4 


6 


6 


1 


7 


2 


4 


8 


3 




12 




13-14 




17 




2 




5 




8 




3-8 




5 





CONSTITUTION OF GEORGIA. 77 



A. S. P. 

Supreme Court, part of Judiciary 6 11 

Constitution of G 2 1 

Jurisdiction, sessions and practice 6 2 5-6-7 

Cost in, and paupers' affidavit G 21 1 

Judges, election and term 6 2 4 

Judges, election ; and vacancies, how filled 6 12 1 

Salary and qualification of G 13-14 1 

When disqualified in particular case 6 2 2 

Suspension from office of Secretary of State, Comptroller and Treasurer. . 5 1 18 

T 

Tax, to be paid before voting 2 12 

Defaulters ineligible to Legislature 3 4 7 

By county, Ordinaries' jurisdiction 6 6 2 

By county or city to meet bonded indebtedness 7 7 2 

By county or city for school purposes 8 4 1 

By county limited to certain purposes 7 6 2 

May be imposed by Legislature, for what purposes 7 11 

Must be uniform, ad valorem, and by general laws 7 2 1 

On domestic animals of vicious nature 7 2 1 

Exemptions from ; other exemptions void 7 2 2-4 

Poll, for educational purposes 7 % 3 

Special, for educational purposes 8 3 1 

State's power to impose, not to be restrained 4 11 

Of corporations, not to be surrendered 7 2 5 

To raise a Sinking Fund 7 14 1 

Lien, good against Homestead 9 2 1 

Act, authority of 12 1 3 

Act, must originate in House 3 7 10 

Telegraph Companies may be incorporated by Legislature 3 7 18 

Term of office of Governor 5 12 

Secretary of State, Comptroller and Treasurer 5 2 1 

Judge of Supreme Court 6 2 4 

Judge of Superior Court 6 3 1-3 

Justice of the Peace 6 7 1 

Ordinary 6 6 3 

Attorney and Solicitor General 6 10-11 1 

State School Commissioner 8 2 1 

County officers 11 2 1 

Members of General Assembly 3 4 1 

Testimony criminating himself, witness not obliged to give 116 

Title, law must not contain matter different from 3 7 8 

To land, cases involving, where brought 6 16 2 

To land, cases involving, jurisdiction in Superior Court 6 4 1 

Treason, what is and how convicted of 12 2 

Conviction of, disfranchises 2 2 1 

Pardon, respite, or commutation for 5 1 12 

Treasurer, election and term of office 5 2 1 

Examination by Governor 5 1 18 

Officer of Executive Department 5 11 



78 INDEX TO THE 



s. 


P. 


1 


18 


2 


2 


2 


7 


2 


5 


2 


6 


12 


4 


15 


1 


14 


1 


7 


11 


1 


1 


1 


5 


18 


1 


3 


1 


1 


1 


6 


1 


1 


1 



Treasurer — Continued. 

A. 

Removal of 5 

Salary and Clerks' hire of 5 

Perqiiisites not allowed 5 

Fee other than salary not allowed to 5 

Bond and qualification of 5 

To receive deposits from Fire Insurance Companies 3 

To make quarterly reports to Governor 7 

And Governor authorized to loan Sinking Fund 7 

Draw money from Treasury in what manner 3 

Treaty, force and authority of 12 

Trial, a speedy and impartial one is the right of defendant 1 

By jury, remains inviolate 6 

Tribunals in the various counties to be uniform 11 

Trustees of the people, public officers are 1 

The University of Georgia may accept donations, &c 8 

Families of minor children entitled to Homestead..... i) 

XT 

Unexpired term of Governor, special elections 5 

Judges of Supreme Court 6 

Judges Supreme and Superior Courts, Attorney and Solicitor Gen'l... 6 

Uniformity required in operation of general laws 1 

In county officers and tribunals 11 

In courts of same grade 6 

In taxation 7 

University of Georgia, appropriations to 8 

United States Constitution, acts in violation of, void 1 

Treaties and laws, authority of 12 

Soldiers, not entitled to vote for being stationed here 2 

Vacancy in office of Governor 5 

Judge of Supreme Court 6 

Judge of Superior Court 6 

Judge Supreme and Superior Courts and Solicitor General 6 

Members General Assembly 5 

Governor may fill, when not otherwise provided 5 

Validity of bonds not to be tried by Judge who is interested G 

Declared void by Constitution, not subject to suit 7 

Valuation of Homestead, laws to be provided for 1) 

Venue in cases of divorce 6 

Of land titles 6 

Of Equity 6 

Against joint obligors, acceptors, endorsers, &c 6 

Civil and criminal, generally 6 

Civil and criminal, changed how 6 

Verdicts, judgments without when 6 

First and second in Divorce cases 6 



1 


9 


2 


4 


12 


1 


4 


1 


3 


1 


9 


1 


2 


1 


6 


1 


4 


2 


1 


1 


1 


2 



1 


8 


2 


4 


3 


2 


12 


1 


1 


13 


1 


14 


2 


3 


11 


1 


4 


1 


16 


1 


16 


2 


16 


3 


16 


4-5 


16 


6 


17 


1 


4 


7 


15 


1 



CONSTITUTION OF GEORGIA. 



79 



A. S. P. 

Veto of Governor overruled by two-third vote 3 7 23 

Vim voce voting by General Assembly 3 10 1 

Void bonds of State not to be paid 7 11 1 

Volunteer companies, organization of 10 1 2 

Not paid unless called out by State 10 1 3 

Vote by the people shall be by ballot 2 11 

"Who is entitled to— Oath of voter 2 12 

Who not entitled to 2 2 1 

By General Assembly to be viva voce 3 10 1 

Of two-thirds being reqmred, yeas and nays must be recorded 3 7 21 

Of two-thirds being required, does not do away with Governor's ap- 
proval 3 7 23 

Of two-thirds overrides Governor's veto 3 7 23 

Of General Assembly having effect of law, submitted to Governor... 5 1 17 

Of General Assembly in elections, must appear in House Journal ... 3 1Q. 1 

W 

Waiverof Homestead 9 3 1 

Of old exemption 9 5 1 

War, bonded debt may be increased for purposes of 7 12 1 

Debt of county or city for, may be assumed by State 7 8 1 

Debt may be contracted to defend State in time of 7 3 1 

Quartering soldiers in house in time of 1 1 19 

Tax to defend State in time of 7 11 

Warrant for search, how obtained 1 1 16 

Ways, private, may be granted after compensation paid 13 1 

Wearing apparel, waiver of exemption on limited i) 3 l 

Western & Atlantic Railroad, if sold, proceeds how applied 7 13 l 

Whipping as punishment for crime prohibited 117 

White and colored public schools to be separate 8 11 

Wife's property is her separate estate after marriage 3 11 1 

Wild Land Clerk, compensation of 5 2 4 

Witnesses in criminal cases, rights of defendant as to 115 

Not compelled to criminate themselves 116 

Two necessary to convict of treason 12 2 

Worship of God may be according to conscience 1 l 12 

Places of , may be exempt from tax 7 2 2 

Y 

Yeas and nays to be eecoeded~in Jouenal — 

At request of one-fifth 3 7 6 

On appropriation bills and resolutions 3 7 12 

When two-thirds vote is required 3 7 21 

On amendments to Constitution 13 1 1 



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STATE OF GEORGIA, 

EXECUTIVE DEPARTMENT. 



PROCLAMATION. 

GEORGIA, 



By HENRY D. McDANIEL, 

Governor of said State. 

Whereas, the General Assembly, at its last session passed the follow- 
ing Acts, to-wit: 

An Act to amnirl Ike Constitution of the Slate of Georgia by striking therefrom paragraph 15, Section 7, Article 3. 

Sec. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the 
same, That the Constitution of this State be amended by striking therefrom paragraph 15 of section seven (7). article three 
(3), which reads as follows, to-wit: Paragraph XV.— ill special or local bills shall originate in the House of Representa- 
tives. The Speaker of the House of Representatives shall, within five days from the organization of the General Assembly, 
appoint a committee, consisting of one from each Congressional District, whose duty it shall be to consider and consolidate 
all special and local hills, on the same subject, and report the same to the House ; and no special or local bill shall be read 
or considered by the House until the same has been reported by the committee, unless by a two-thirds vote ; and no bill 
shall be considered or reported to the House by said committee, unless the same shall have been laid before it within fifteen 
days after the organization of the General Assembly, except by a two-thirds vote. 

Sec. II. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed 
to by two-thirds of the members elected to each of the two Houses of the General Assembly, the Governor shall, and he is 
hereby authorized and instructed to cause said amendment to be published in at least 1 wo newspapers in each Congres- 
sional District in this State for the period of two months next preceding the time of holding the next general election. 

Sec. III. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to 
the electors of this State at the next general election to be held after publication, us provided for in the senond section of this 
Act, in the several election districts in this State, at which election every person shall be entitled to vote who is entitled to 
vote for members of the General Assembly. All persons voting at. said election in favor of adopting the proposed amend- 
ment to the Constitution shall write, or have printed on their ballots the words, "For ratification of the amendment striking 
paragraph 15 of section 7, article 3, from the Constitution;" and all persons opposed to the adoption of the aforesaid 
proposed amendment shall write, or have printed on their ballots the words, "Against ratification of the amendment striking 
paragraph 15 of section 7, article 3, from the Constitution." 

Sec. IV. Be it further enacted, That the Governor be, and he is hereby authorized and directed to provide for the sub- 
mission of the amendment proposed in the first section of this Act to a vote of the people, as required by the Constitution 
of this State, in paragraph 1, section 1, of article 13, and by this Act, and if ratified, the Governor shall, when he ascertains 
such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in cases of elec- 
tion for members of the Genera! Assembly, to count and ascertain the result, issue liis proclamation for the period of thirty 
days announcing such result and declaring the amendment ratified. 

SEd. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby re- 
pealed. 

Approved September 24, 1885. 

An Act to amend the last sentence of Article 7, Section 1, Paragraph 1 of the Constitution of 1S77. 

Section I. Be it enacted by the General Assembly of the State of Georgia, That the last sentence of article 7, section 
1, paragraph 1 of the Constitution of 1877 be, and the same is hereby amended by adding thereto at the end of said sentence 
the following words, "And to make suitable provision for such Confederate soldiers as may have been permanently injured 
in such service," so that said sentence when so amended shall read as follows : "To supply the soldiers who lost a limb or 
limbs in the military service of the Confederate States with suitable artificial limbs during life, and to make' suitable provis- 
ions for such Confederate soldiers as may have been permanently injured in such service." 

Sec. II. And be it further enacted, That if this amendment shall be agreed to by two-thirds of the members elected to 
each of the two Houses, the same shall be entered on their journals with the ayes and nays taken thereon; and the Gov- 
ernor shall cause said amendment to be published in one or more newspapers in each Congressional District for two months 
previous to the next general election ; and the same shall be submitted to the people at the next general election ; and the 
legal voters at said next general election shall have inscribed or printed on their tickets the words, "ratification" or "non- 
ratification," as they may choose to vote ; and if a majority of the voters qualified to vote for members of the General Assem- 
bly, voting thereon, shall vote in favor of ratification, then this amendment shall become a part of said article 7, section 1, 
paragraph 1 of the Constitution of the State, and the Governor shall in dee proclamation thereof. 

Sec. III. Be it further enacted, That all laws and parts of laws militating against the provisions of this Act be, and the 
same are hereby repealed. 

Approved October 19, 1SS5. 
Now therefore, I. Henry D. McDaniel, Governor of said State, do issue this my proclamation, hereby 
declaring that the foregoing proposed amendments are submitted to the qualified voters of the State, at 
the general election to be held on Wednesday, October 6, 1886, for ratification or rejection of said 
amendments (or either of them) as provided in said Acts respectively. 

Given under my hand and the seal of the Executive Department, this 31st day of July, 18S6. 

HENRY I). McDANIEL, Governor. 
By the Governor, 

J. W. Warben, Sec. Ex. Dep't. 






LIBRARY OF CONGRESS 



020 553 565 



i 



